Agenda packet, first session — Laguna Beach City Council, May 12, 2026 (part 4 of 6)

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DISCUSSION
The proposed lot line adjustment is to allocate approximately 1,181 square feet to 675 Buena Vista Way site from 620 Temple Hills Drive site by reconfiguring a common interior lot line between the two subject properties.

The property at 675 Buena Vista Way is developed with a single-family dwelling constructed in January 1966. Staff is currently processing a development application for a new accessory dwelling unit (“ADU”) on this lot. It should be noted that neither the proposed ADU nor the existing single-family dwelling are reliant on the proposed lot line adjustment to meet the City’s zoning regulations. The property has previously approved design review entitlements1.

The property at 620 Temple Hills Drive is developed with a single-family dwelling constructed on January 18, 1966. There is no prior Design Review or pending development applications for this lot.

Both properties are under common ownership by the Applicant. According to the Applicant, the purpose of the proposed lot line adjustment is to reconfigure the open space areas between the two abutting properties.

Lot Line Adjustment 2023-1747
The project site is located in the R-1, Residential Low-Density Zone. The proposed lot line adjustment would reconfigure a common interior lot line that serves as a rear lot line for 620 Temple Hills Drive and both side and rear lot lines for 675 Buena Vista Drive. The lot line adjustment adds approximately 1,181 square feet of yard area to 675 Buena Vista Way from 620 Temple Hills Drive. The Project is located in a hillside setting with streets terraced into the slope as the neighborhood ascends up to Temple Hills Drive. 1 Design Review 97-164, Variance 6427, and Coastal Development Permit 97-43 were approved on November 13, 1997, for a new singlefamily residence, decks, fencing, grading. A Variance was granted for walls that exceed the maximum height in the front yard. On July 22, 1999, modifications to Desing Review 97-164 was approved to add a new elevated deck.

Existing Lot Lines Proposed Lot Lines
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There are no watercourses or environmentally sensitive areas on the Project site. The project is limited to a lot line adjustment, involving a negligible exchange of land area between two existing legal building sites.

Pursuant to Laguna Beach Municipal Code (“LBMC”) Section 21.08.030 and in accordance with California Government Code Section 66412(d), lot line adjustments are exempt from the requirements of the Subdivision Map Act and the City’s Subdivision Ordinance, provided that the adjustment is approved by the City Council and satisfies the following requirements:
(a) The project site described in the proposal consists of legal building sites as defined in Title 25 (Zoning) of this code.

The Project site consists of legal building sites as defined in Title 25 (Zoning) of the Laguna Beach Municipal Code. The two subject lots are developed with single family residences and front improved streets.
(b) The proposal does not create one or more building site(s).

The Project consisting of the lot line adjustment does not create one or more building sites in that the proposed lot line adjustment would reconfigure two adjoining lots by modifying the location of a common lot line, with the land taken from one building site added to an adjacent building site. (c) Any land taken from one site will be added to an adjacent site and no additional sites will result from the lot line adjustment.

The Project consisting of the lot line adjustment will take land from one site that will be added to an adjacent site; therefore, no additional sites will result from the lot line adjustment. The Project site would continue to total approximately 0.352 acres (approximately 15,358 square feet). (d) The project complies with the requirements of the California Environmental Quality Act.

The Project consisting of the lot line adjustment complies with the requirements of the California Environmental Quality Act in that the proposed lot line adjustment is exempt from further environmental review pursuant to State CEQA Guidelines Section 15061(B)(3). (e) The proposal is consistent with the General Plan.

The Project consisting of the lot line adjustment is consistent with the General Plan, including the certified Local Coastal Program. Policy 10.10 of the Land Use Element states: “Prohibit lot line adjustments that are inconsistent with the Municipal Code, General Plan, and Subdivision Map Act.

Existing building sites which maintain a legal nonconforming lot or lots may adjust the lot lines provided that the adjustment does adversely increase the extent of nonconformities.” The proposal involves a negligible exchange of land area between two existing legal building sites, with both resulting lots in compliance with the Municipal Code and General Plan, including density requirements. The subject lots maintain a General Plan land use designation of Village Low Density, with an allowable density range of one to seven dwelling units per acre (i.e., approximately one dwelling unit for every 6,000 to 43,500 square feet). With proposed lot areas totaling 7,452 and 7,872 square feet for Parcel 1 and Parcel 2, respectively, both adjusted lots would exceed minimum requirements. Furthermore, the 3 of 33
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adjustment complies with the Subdivision Map Act because the lot line adjustment is for “four or fewer existing adjoining parcels.” (Gov. Code Section 66412(d).) (f) The parcels proposed to be adjusted by the lot line adjustment comply with all applicable zoning regulations or, in the case of existing, legal nonconforming lots, do not significantly or adversely increase the extent of such nonconformity.

The parcels proposed to be adjusted by the lot line adjustment comply with all applicable zoning regulations or, in the case of existing, legal nonconforming lots, do not significantly or adversely increase the extent of such nonconformity. The R-1, Residential Low-Density Zone requires that each building site provides a minimum area of 6,000 square feet, with a minimum lot width and depth of 70 feet and 80 feet, respectively. The approximately 7,872-square-foot lot configuration proposed for 620 Temple Hills Drive (Parcel 2) would provide 65’-3” of lot depth and 113’-10” of lot width. Although the lot depth is legal nonconforming, the Project does not “significantly or adversely increase the extent of such nonconformity”; in fact, the adjustment would marginally improve upon this condition by increasing the lot depth by 10 inches3. The approximately 7,452-square-foot lot configuration proposed for 675 Buena Vista Way (Parcel 1) would provide 80’-9” of lot width and 100’-6” in lot depth and is therefore in conformance with all lot requirements for the R-1 Zone. Furthermore, no new nonconforming conditions would be created in connection with the existing residential structures for either lot, with both structures continuing to comply with all setbacks, height, and lot coverage requirements as shown in the provided site plans.
(g) The lot line adjustment, in and of itself, will not result in the need for additional improvements and/or facilities.

The lot line adjustment, in and of itself, will not result in the need for additional improvements and/or facilities in that the project would not affect existing or planned vehicular access to either lot, and no additional building sites would be created.
(h) The proposal does not include any lots or parcels created illegally.

The Project consisting of the lot line adjustment does not include any lots or parcels created illegally in that the subject lots were legally created with Tract No. 858, in the City of Laguna Beach, County of Orange, State of California, as shown on a map filed in Miscellaneous Maps, Book 26, Pages 25 through 27 of Parcel Maps recorded on September 14, 1927, in the office of the County Recorder of said County. (i) The project does not impair any existing access, create a need for new access, impair any existing easements or create a need for any new easements serving any adjacent lots or parcels.

In addition, the adjustment would not impact any existing easements or require the creation of new easements serving adjacent properties.
3 The current lot depth is 64’-5”.
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Coastal Development Permit 2025-0096
The proposed lot line adjustment constitutes development for which a coastal development permit is required. The City Council’s determination is not appealable to the California Coastal Commission. To ensure compliance with the City’s certified Local Coastal Program, the project has been reviewed for conformity with the criteria set forth in LBMC Section 25.07.012(F)(1)-(9). A coastal development permit application may be approved only after the approval authority has reviewed the project and made all of the following findings (LBMC Section 25.07.012(G)(1)-(3).):
(1) The project is in conformity with all the applicable provisions of the certified local coastal program, including the following review criteria:

1. The proposed development will not encroach upon any existing physical accessway legally utilized by the public or any proposed public accessway identified in the adopted local coastal program land use plan.

The proposed Project consisting of the lot line adjustment will not modify any existing physical accessway utilized by the public or identified in the adopted Local Coastal Program land use plan in that the adjustment would reconfigure two privately owned residential lots with no existing accessways legally utilized by the public, and no such public accessways are identified in the adopted land use plan.

2. The proposed development will not adversely affect marine resources, environmentally sensitive areas, or archaeological or paleontological resources.

The proposed Project consisting of the lot line adjustment will not adversely affect marine resources, environmentally sensitive areas, or archaeological or paleontological resources in that the project site is located within an established residential neighborhood, and no such resources are known to exist in the immediate project area.

3. The proposed development will not adversely affect recreational or visitor-serving facilities or coastal scenic resources.

The proposed Project consisting of the lot line adjustment will not adversely affect recreational or visitor-serving facilities or coastal scenic resources in that the Project site is located within an established residential neighborhood and does not abut any recreational or visitor-serving facilities or coastal scenic resources.

4. The proposed development will be sited and designed to prevent adverse impacts to environmentally sensitive habitats and scenic resources located in adjacent parks and recreation areas, and will provide adequate buffer areas to protect such resources.

The proposed Project consisting of the lot line adjustment will have no adverse impacts to environmentally sensitive habitats and scenic resources located in adjacent parks and recreation areas in that the project site is located within an established residential neighborhood, no such areas abut the Project site, and no buffer areas are needed to protect such resources. 5 of 33
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5. The proposed development will minimize the alterations of natural landforms and will not result in undue risks from geological and erosional forces and/or flood and fire hazards.

The proposed Project consisting of the lot line adjustment will not cause or contribute to the alteration of natural landforms or create undue risks from geological and erosional forces and/or flood and fire hazards in that the proposed adjustment would create no significant changes to the building setback envelope for either affected lot.

6. The proposed development will be visually compatible with the character of surrounding areas, and where feasible, will restore and enhance visual quality in visually degraded areas.

The proposed Project consisting of the lot line adjustment would modify the rear and side yards of two lots zoned for Low-Density Residential use and development. Due to the location of the adjustment areas within required setbacks, the adjustment in and of itself will not create any foreseeable direct or indirect changes to the physical environment which might be visually incompatible with the character of the surrounding residential areas. Furthermore, both lots are currently developed with single family residences, and no development is planned or anticipated as a result of the proposed lot line adjustment.

7. The proposed development will not have any adverse impacts on any known archaeological or paleontological resource.

The proposed Project consisting of the lot line adjustment will not have any adverse impacts on any known archaeological or paleontological resource in that such resources are not known to exist in the project area, and the project site is located within an established residential neighborhood.

8. The proposed development will be provided with adequate utilities, access roads, drainage and other necessary facilities.

The proposed Project consisting of the lot line adjustment does not involve any changes to existing utilities, access roads, drainage, or other necessary facilities, and such facilities will remain adequate to serve the two residential lots that would be reconfigured by this proposal.

9. Other public services, including, but not limited to, solid waste and public roadway capacity have been considered and are adequate to serve the proposed development.

Other public services, including, but not limited to, solid waste and public roadway capacity have been considered and are adequate to serve the proposed development in that existing public services are adequate for the residential uses.
(2) Any development located between the sea and the first public road paralleling the sea is in conformity with the certified local coastal program and with the public access and public recreation policies of Chapter 3 of the Coastal Act.
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The proposed Project area is not located between the sea and the first public road paralleling the sea, and, therefore, this finding is not applicable. Nevertheless, the Project will not conflict with the public access and recreation policies of Chapter 3 of the Coastal Act. (3) The proposed development will not have any significant adverse impacts on the environment within the meaning of the California Environmental Quality Act.

The proposed lot line adjustment will not have any significant adverse impacts on the environment and is exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15061(B)(3).

Community Interest
Public notice was provided in accordance with LBMC Section 25.07.014(C), which requires that notice of the public hearing be given at least ten calendar days before a hearing by first class mail to any person who has filed a written request thereto, to all property owners within three hundred feet of the proposed Project, to all residents within one hundred feet of the proposed Project, and to the Coastal Commission. Staff has not been made aware of any concerns as of the publication of this agenda report.

FINANCIAL ANALYSIS
The recommended action has no financial impact to the budget.

ENVIRONMENTAL ANALYSIS
Staff recommends that pursuant to the California Environmental Quality Act (“CEQA”), the City Council find that the proposed lot line adjustment is a discretionary action under CEQA that is exempt from further review pursuant to State CEQA Guidelines Section 15061(B)(3), which states that CEQA does not apply to projects which have no potential for causing a significant effect on the environment. When it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. As stated above, the proposed lot line adjustment involves a negligible exchange of land area between two existing legal building sites, with approximately 1,181 square feet added to 675 Buena Vista Way from the existing 620 Temple Hills Drive lot. The adjustment areas are primarily located within the side and rear yard setbacks for both lots and is intended to reconfigure the open space areas between the two abutting properties. The Project is located within an urbanized area surrounded by existing single-family development, residential density would remain unchanged, and no additional lots would be created as a result of the lot line adjustment.

ATTACHMENTS

1. City Council Resolution (Pgs. 9-21)

2. Lot Line Adjustment Application (Pgs. 22-29)

3. 620 Temple Hills Site Plan (Pgs. 30-31)

4. 675 Buena Vista Way Site Plan (Pgs. 32-33)
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Submitted By: Matthew Schneider Approved: .David A Kiff Matthew Schneider, Director of
Community Development
Dave Kiff, City Manager
Report Prepared By: Coordinated With:

Claire Park, Assistant Planner Jane Abzug, Assistant City Attorney Anthony Viera, Deputy Director of Community
Development
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RESOLUTION NO. 26.XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LAGUNA BEACH, CALIFORNIA, APPROVING LOT LINE
ADJUSTMENT 2023-1747 AND COASTAL DEVELOPMENT
PERMIT 2025-0096 TO MODIFY THE LOCATION OF A
COMMON PROPERTY LINE BETWEEN TWO LOTS AT 675
BUENA VISTA WAY AND 620 TEMPLE HILLS DRIVE, AND

FINDING THE PROJECT EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT PURSUANT TO STATE
CEQA GUIDELINES SECTION 15061(B)(3)
WHEREAS, Karen Huber (“Applicant”), the property owner of 675 Buena Vista Way and 620 Temple Hills Drive (the “Property”), applied for Lot Line Adjustment (“LLA”) 2023-1747 and Coastal Development Permit (“CDP”) 2025-0096 to reconfigure two adjoining lots located at 675 Buena Vista Way and 620 Temple Hills Drive (Parcel 1 and Parcel 2, respectively) by modifying the location of a common lot line to allocate approximately 1,181 square feet (0.0271 acres) of land to 675 Buena Vista from 620 Temple Hills Drive in the R-1 (Residential Low Density) zone (the “Project”); and
WHEREAS, on September 18, 2023, the Applicant applied for a lot line adjustment to reconfigure shared lines of Parcel 1 and Parcel 2 for the Project; and WHEREAS, the City Council conducted a duly-noticed public hearing on May 12, 2026, pursuant to Titles 21 and 25 of the Laguna Beach Municipal Code and considered all public testimony on the proposed Project and all relevant public comments and all documents and evidence submitted, including but not limited to the staff report, attachments, and materials submitted by the Applicant; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have been satisfied.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH Attachment 1
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DOES RESOLVE:

SECTION 1. The recitals set forth above are true and correct and are incorporated into this Resolution by this reference.

SECTION 2. The City Council hereby finds under the California Environmental Quality Act (CEQA) that the Project is a discretionary action under CEQA that is exempt from further review pursuant to State CEQA Guidelines Section 15061(B)(3), which states that CEQA does not apply to projects which have no potential for causing a significant effect on the environment. When it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. As stated above, the proposed lot line adjustment involves a negligible exchange of land area between two existing legal building sites, with approximately 1,181 square feet added to 675 Buena Vista Way from the existing 620 Temple Hills Drive lot. The adjustment areas are primarily located within the side and rear yard setbacks for both lots and is intended to reconfigure the open space areas between the two abutting properties. The Project is located within an urbanized area surrounded by existing single-family development, residential density would remain unchanged, and no additional lots would be created as a result of the lot line adjustment. Staff will cause the Notice of Exemption (NOE) to be filed with the County Recorder's Office and State Clearinghouse within 5 days of adoption of this Resolution.

SECTION 3. The City Council hereby makes the following findings with respect to Lot Line Adjustment 2023-1747:
(a) The project site described in the proposal consists of legal building sites as defined in Title 25 (Zoning) of this code.
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The Project site consists of legal building sites as defined in Title 25 (Zoning) of the Laguna Beach Municipal Code. The two subject lots are developed with single family residences and front improved streets.
(b) The proposal does not create one or more building site(s).

The Project consisting of the lot line adjustment does not create one or more building sites in that the proposed lot line adjustment would reconfigure two adjoining lots by modifying the location of a common lot line, with the land taken from one building site added to an adjacent building site.
(c) Any land taken from one site will be added to an adjacent site and no additional sites will result from the lot line adjustment.

The Project consisting of the lot line adjustment will take land from one site that will be added to an adjacent site; therefore, no additional sites will result from the lot line adjustment. The Project site would continue to total approximately 0.352 acres (approximately 15,358 square feet).
(d) The project complies with the requirements of the California Environmental Quality Act.

The Project consisting of the lot line adjustment complies with the requirements of the California Environmental Quality Act in that the proposed lot line adjustment is exempt from further environmental review pursuant to State CEQA Guidelines Section 15061(B)(3).
(e) The proposal is consistent with the General Plan.

The Project consisting of the lot line adjustment is consistent with the General Plan, including the certified Local Coastal Program. Policy 10.10 of the Land Use Element 11 11 of 33
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states: “Prohibit lot line adjustments that are inconsistent with the Municipal Code, General Plan, and Subdivision Map Act. Existing building sites which maintain a legal nonconforming lot or lots may adjust the lot lines provided that the adjustment does adversely increase the extent of nonconformities.” The proposal involves a negligible exchange of land area between two existing legal building sites, with both resulting lots in compliance with the Municipal Code and General Plan, including density requirements.

The subject lots maintain a General Plan land use designation of Village Low Density, with an allowable density range of one to seven dwelling units per acre (i.e., approximately one dwelling unit for every 6,000 to 43,500 square feet). With proposed lot areas totaling 7,452 and 7,872 square feet for Parcel 1 and Parcel 2, respectively, both adjusted lots would exceed minimum requirements. Furthermore, the adjustment complies with the Subdivision Map Act because the lot line adjustment is for “four or fewer existing adjoining parcels.” (Gov. Code Section 66412(d).)
(f) The parcels proposed to be adjusted by the lot line adjustment comply with all applicable zoning regulations or, in the case of existing, legal nonconforming lots, do not significantly or adversely increase the extent of such nonconformity.

The parcels proposed to be adjusted by the lot line adjustment comply with all applicable zoning regulations or, in the case of existing, legal nonconforming lots, do not significantly or adversely increase the extent of such nonconformity. The R-1, Residential Low-Density Zone requires that each building site provides a minimum area of 6,000 square feet, with a minimum lot width and depth of 70 feet and 80 feet, respectively. The approximately 7,872-square-foot lot configuration proposed for 620 Temple Hills Drive 12 12 of 33
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(Parcel 2) would provide 65’-3” of lot depth and 113’-10” of lot width. Although the lot depth is legal nonconforming, the Project does not “significantly or adversely increase the extent of such nonconformity”; in fact, the adjustment would marginally improve upon this condition by increasing the lot depth by 10 inches1. The approximately 7,452-square-foot lot configuration proposed for 675 Buena Vista Way (Parcel 1) would provide 80’-9” of lot width and 100’-6” in lot depth and is therefore in conformance with all lot requirements for the R-1 Zone. Furthermore, no new nonconforming conditions would be created in connection with the existing residential structures for either lot, with both structures continuing to comply with all setbacks, height, and lot coverage requirements as shown in the provided site plans.
(g) The lot line adjustment, in and of itself, will not result in the need for additional improvements and/or facilities.

The lot line adjustment, in and of itself, will not result in the need for additional improvements and/or facilities in that the project would not affect existing or planned vehicular access to either lot, and no additional building sites would be created. (h) The proposal does not include any lots or parcels created illegally.

The Project consisting of the lot line adjustment does not include any lots or parcels created illegally in that the subject lots were legally created with Tract No. 858, in the City of Laguna Beach, County of Orange, State of California, as shown on a map filed in Miscellaneous Maps, Book 26, Pages 25 through 27of Parcel Maps recorded on September 14, 1927, in the office of the County Recorder of said County. 1 The current lot depth is 64’-5”.
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(i) The project does not impair any existing access, create a need for new access, impair any existing easements or create a need for any new easements serving any adjacent lots or parcels.

The Project consisting of the lot line adjustment will not impair existing access nor create a need for new access, as access to the resulting lots will remain unchanged, and no new access points are required. In addition, the adjustment would not impact any existing easements or require the creation of new easements serving adjacent properties.

SECTION 4. The City Council hereby makes the following findings with respect to Coastal Development Permit 2025-0096:
(1) The project is in conformity with all the applicable provisions of the certified local coastal program, including the following review criteria:

2. The proposed development will not adversely affect marine resources, environmentally sensitive areas, or archaeological or paleontological resources.

The proposed Project consisting of the lot line adjustment will not adversely affect marine resources, environmentally sensitive areas, or archaeological or 14 14 of 33
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paleontological resources in that the project site is located within an established residential neighborhood, and no such resources are known to exist in the immediate project area.

3. The proposed development will not adversely affect recreational or visitor-serving facilities or coastal scenic resources.

5. The proposed development will minimize the alterations of natural landforms and will not result in undue risks from geological and erosional forces and/or flood and fire hazards.

The proposed Project consisting of the lot line adjustment will not cause or contribute to the alteration of natural landforms or create undue risks from geological and erosional forces and/or flood and fire hazards in that the proposed 15 15 of 33
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adjustment would create no significant changes to the building setback envelope for either affected lot.

6. The proposed development will be visually compatible with the character of surrounding areas, and where feasible, will restore and enhance visual quality in visually degraded areas.

7. The proposed development will not have any adverse impacts on any known archaeological or paleontological resource.

8. The proposed development will be provided with adequate utilities, access roads, drainage and other necessary facilities.

The proposed Project consisting of the lot line adjustment does not involve 16 16 of 33
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any changes to existing utilities, access roads, drainage, or other necessary facilities, and such facilities will remain adequate to serve the two residential lots that would be reconfigured by this proposal.

9. Other public services, including, but not limited to, solid waste and public roadway capacity have been considered and are adequate to serve the proposed development.

Other public services, including, but not limited to, solid waste and public roadway capacity have been considered and are adequate to serve the proposed development in that existing public services are adequate for the residential uses. (2) Any development located between the sea and the first public road paralleling the sea is in conformity with the certified local coastal program and with the public access and public recreation policies of Chapter 3 of the Coastal Act.

The proposed Project area is not located between the sea and the first public road paralleling the sea, and, therefore, this finding is not applicable. Nevertheless, the Project will not conflict with the public access and recreation policies of Chapter 3 of the Coastal Act.
(3) The proposed development will not have any significant adverse impacts on the environment within the meaning of the California Environmental Quality Act.

SECTION 5. The City Council hereby approves Lot Line Adjustment 2023-1747 and Coastal Development Permit 2025-0096, subject to the conditions of approval attached hereto as 17 17 of 33
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Exhibit A and incorporated herein by reference.

SECTION 6. The documents and materials that constitute the record of proceedings on which this Resolution has been based are located at City Hall, 505 Forest Avenue Laguna Beach, CA 92651. The custodian of the record of proceedings is the Director of Community Development.

SECTION 7. If any provision of this Resolution is held invalid, the remainder of this Resolution shall not be affected by such invalidity, and the provisions of the Resolution are severable.

ADOPTED this 12th day of May, 2026.

Mark Orgill, Mayor
ATTEST:

Ann Marie McKay, City Clerk
I, Ann Marie McKay, City Clerk of the City of Laguna Beach, certify that the foregoing Resolution No. 26.XXX was duly adopted at a regular meeting of the City Council of said City held on May 12, 2026, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

City Clerk, City of Laguna Beach, CA
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EXHIBIT A
RESOLUTION NO. 26.XXXX
(CONDITIONS OF APPROVAL)
Standard Conditions – Community Development Department

1. Lot Line Adjustment 2023-1747 and Coastal Development Permit 2025-0096 are granted to reconfigure two adjoining lots located at 675 Buena Vista Way and 620 Temple Hills Drive (Parcel 1 and Parcel 2, respectively) by modifying the location of a common lot line to allocate approximately 1,181 square feet (0.0271 acres) of land to 675 Buena Vista from 620 Temple Hills Drive. Approval is granted based on the lot line adjustment exhibits submitted by the Applicant and attached to the May 12, 2026 City Council agenda report. Said exhibits are approved as submitted as conditioned herein and shall not be altered unless reviewed and approved in accordance with Title 25 of the Laguna Beach Municipal Code.

2. That the conditions of approval contained herein, shall be made part of the construction drawings for the proposed development. Construction drawings shall not be accepted for Plan Check without the conditions of approval incorporated into the construction drawings.

3. In the event that exhibits and written conditions are inconsistent, the written conditions shall prevail.

If there are any disparities between these conditions and the plans or final revised plans that are approved for any subsequent phase, the conditions and/or plans as stipulated in the later approval shall prevail.

4. All plans, specifications, studies, reports, calculations, maps, notes, legal documents, and designs shall be prepared, signed, and stamped (when required) only by those individuals legally authorized to do so.

5. Approval of this application does not relieve the applicant from complying with other applicable 19 19 of 33
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Federal, State, County or City regulations or requirements.

6. The Applicant shall defend, indemnify, and hold harmless the City of Laguna Beach and its officers, employees, and agents from and against any claim, action, or proceeding against the City of Laguna Beach, its officers, employees, or agents to attack, set aside, void, or annul any approval or condition of approval of the City of Laguna Beach concerning this Project, including but not limited to any approval or condition of approval of the City Council, Planning Commission, Design Review Board, Community Development Director, or City Planner. The City shall promptly notify the Applicant of any claim, action, or proceeding concerning the Project and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter.

7. The Applicant shall be responsible for informing all subcontractors, consultants, engineers, or other business entities providing services related to the project of their responsibilities to comply with these conditions of approval and all pertinent requirements in the Laguna Beach Municipal Code, including the requirement that a business license be obtained by all entities doing business in the City.

8. The Applicant shall pay all fees at the time fees are determined payable and comply with all requirements of the applicable federal, state, and local agencies. The duty of inquiry as to such requirements shall be upon the applicant.

9. Failure to comply with any of these conditions of approval is grounds for revocation of the entitlement(s) and is subject to any other available remedies to the City.

10. The Certificate of Occupancy and/or Certificate of Use, as applicable, shall not be issued until City staff has verified compliance with all conditions of approval.

11. The effective date of the entitlements granted herein do not commence until all appeals, including 20 20 of 33
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those to the California Coastal Commission, have been exhausted, statutes of limitation have expired, and any lawsuits, filed within the statutes of limitation, have concluded.

12. In the event any of the conditions of approval are infeasible, the decision-making body hereby authorizes the Community Development Director to modify those conditions in the most conservative manner possible, in accordance with the limitations of the City’s Municipal Code, to allow for the completion of the project.

Standard Conditions of Approval for Lot Line Adjustment – Community Development Department

13. This approval shall expire unless the Applicant executes and records a certificate of compliance and grant deed, both in a form subject to approval by the City Attorney, within 90 days from the date of approval by the City Council. Prior to the expiration of the 90 days, however, Applicant may submit an application in writing for an extension not to exceed an additional ninety days for approval by the Director of Community Development.
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NA Door symbol - see door schedule Window symbol - see window schedule Keynote symbol - see keynotes Color/material symbol - see color/fin. list Equipment symbol - see equipment list Plumbing fixtures symbol per schedule Plumbing accessories symbol per schedule 2 x stud wall Concrete Block wall Ceiling height symbol Sheet Number Sheet Number Interior Elevation Number Section Number Detail Number Low wall - refer to spot elevation 1 2 3 4 2A94D1 A.B. ANCHOR BOLT ABV. ABOVE A.C. ASPHALT CONCRETE A.F.F. ABOVE FINISH FLOOR AL ALUMINUM ALT ALTERNATE APP APPROXIMATE ARCH ARCHITECTURAL BD BOARD BLW BELOW BET BETWEEN BLDG BUILDING BM BEAM BOT BOTTOM BYN BEYOND BW BOTH WAYS C.J. CEILING JOISTS C.M.U. CONCRETE MASONRY UNITS C.O. CLEAR OPENING CAB CABINET CLG CEILING CEM CEMENT CER CERAMIC CLR CLEAR COL COLUMN CONC CONCRETE CONN CONNECTION CONST CONSTURUCTION CONT CONTINUOUS CONTR CONTRACTOR D DEPTH D.F. DRINKING FOUNTAIN, DOUGLAS FIR D.S. DOWNSPOUT DB. DOUBLE DET DETAIL DIA DIAMETER DIM DIMENSION DN DOWN DR DOOR DWG DRAWING DWR DRAWER E.N. EDGE NAIL(ING) E.W. EACH WAY EA EACH ELEC ELECTRIC, ELECTRICAL ELEV ELEVATION E.I.F.S. EXTERIOR INSULATION AND FINISH SYSTEM EQ EQUAL EQUIP EQUIPMENT ESMT EASMENT EXH EXHAUST [E] EXISTING EXP EXPOSED F.N. FIELD NAILING F.O.C. FACE OF CONCRETE F.O.M. FACE OF MASONRY F.O.S. FACE OF STUD FRMG FRAMING FDN FOUNDATION FIN FINISH FLR FLOOR FT FOOT FTG. FOOTING GA GAUGE GALV GALVINIZED GAR GARAGE GFF GARAGE FINISH FLOOR G.F.I. GROUND FAULT INTERRUPTOR G.F.R.C. GLASS FIBER REINFORCED CEMENT G.I. GALVINIZED IRON GLS GLASS GR GRANITE GRD GRADE GYP. BD. GYPSUM BOARD H.M, HOLLOW METAL H.C. HOLLOW CORE HC HANDICAPPED HD HIGH DENSITY, HOLD DOWN HDW HARDWARE HR HOUR HT HEIGHT HRT. HEATER I.D. INSIDE DIAMETER IN INCH INS. INSULATION INT. INTERIOR JAN. JANITOR JT. JOINT KIT. KITCHEN L. LENGTH LAV. LAVATORY M.C. MEDICINE CHEST M.O. MASONRY OPENING MAS. MASONRY MAX. MAXIMUM MECH. MECHANICAL MED. MEDIUM MFG. MANUFACTURER MIN. MINIMUM MISC. MISCELLANEOUS MTD MOUNTED MTL. METAL [N] NEW N.I.C. NOT IN CONTRACT N.T.S. NOT TO SCALE NAT. NATURAL O.C. ON CENTER O.D. OUTSIDE DIAMETER OPN. OPENING OPP OPPOSITE P/A PLANTING AREA P.S.I. POUNDS / SQUARE INCH PL. PLATE PLAS PLASTER PLY PLYWOOD POL POLISH, POLISHED PR. PAIR PT. PAINT R RADIUS, RAFTER R.D. ROOF DRAIN R.O. ROUGH OPENING R.R. ROOF RAFTER R.S. ROUGH SAWN RA RETURN AIR REQ REQUIRED RI RISER RM ROOM R.O.W. RIGHT OF WAY S STAINLESS S.C. SOLID CORE SCH. SCHEDULE SECT. SECTION SH SHELF SHTG SHEATHING SHWR SHOWER SIM SIMULAR SPEC SPECIFICATIONS SQ SQUARE ST. STREET STD STANDARD STL STEEL STN STONE STUC STUCCO STRUCT STRUCTURAL SYM SYMMETRICAL T&B TOP AND BOTTOM T&G TOUNGE AND GROOVE T TREAD, TEMPERED GLASS TC TOP OF CONCRETE / CURB / CHIMNEY TD TOP OF DECK TP TOP OF PLATE TT TOP OF TRELLIS TR TOP OF ROOF TRAIL TOP OF HANDRAIL TW TOP OF WALL TEL TELEPHONE THK THICK TYP TYPICAL U.N.O. UNLESS NOTED OTHERWISE UR URINAL V.T. VINYL TILE V.T.R. VENT THROUGH ROUGH W WIDE, WIDTH W/ WITH W.C. WATER CLOSET, WALL COVERING WD WOOD WP WATERPROOF W.R. WATER RESISTANT A11 pla-1 8'-0" AAa KAREN HUBER 675 BUENA VISTA WAY, LAGUNA BEACH, CA 92651 C. (949) 689-3808 HORST NOPPENBERGER HORST ARCHITECTS, INC. 247 A FOREST AVENUE, LAGUNA BEACH, CA 92651 P. (949) 494-9569 0.00' TR PROJECT SUMMARY TABLES ADDRESS: DESCRIPTION REQUIRED/ALLOWED PROPOSED (Yes/No) CONFORMS USE ZONE LOT AREA LOT WIDTH (AVG.) LOT DEPTH (AVG.) LOT SLOPE (%) MAX. BUILDING HEIGHT FF, FG, EG SETBACKS: Rear Yard Side Yards LOT COVERAGE (BSC) ZONING STANDARDS PROJECT DATA DESCRIPTION PROPOSED GARAGE DECK AREA 620 TEMPLE HILLS DRIVE, LAGUNA BEACH, CA 92651 RESIDENTIAL Y MAIN HOUSE LEVEL 3 TOTAL MAIN HOUSE (NO CHANGE) 1. All work, including materials and workmanship, shall conform to the requirements of local codes, laws, and ordinances and as specified by all by all governing authorities where applicable. Reference is to the latest accepted edition or revision. In the event of conflict with code requirements, that code requirement or note which establishes the higher standard shall take precedence. 2. The intention of the Contract Documents is to include all labor and materials, equipment, and transportation necessary for the complete and proper execution of the work. 3. The Contractor shall visit the job site prior to bidding any portion of the work. The Contractor shall verify all dimensions and existing conditions prior to beginning work, including but not limited to existing interior walls and roof structures. Should any condition arise where the intent of the drawings is in doubt or where there is a discrepancy between the Contract Documents and the field conditions, or within the Contract Documents, the Contractor shall notify the Architect immediately for clarification. Acceptance of these contract documents releases Architect from any liability of inaccurate portray of existing conditions whatsoever as established by consulting engineers and/or surveyors. 4. Dimensions are from face of studs or to center of wall as indicated on drawings, unless noted otherwise. 5. Written dimensions take precedence. Do not scale drawings. Walls not dimensioned are to align with existing walls or be abutted or applied to existing walls per drawings. Doors not dimensioned and shown jamb tight shall be set 3" from perpendicular wall to outer edge of door jamb. 6. Reference to any detail or drawing is for convenience only and does not limit the application of such details or drawings. 7. The design, adequacy and safety of erection bracing, shoring, temporary supports, etc., is the sole responsibility of the Contractor. The Contractor shall be responsible for the stability of the structure and provide necessary bracing prior to the application of all shear walls, roof and floor diaphragms, and finish materials. The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the work. 8. The Structural, Mechanical, Plumbing, and Electrical Drawings, as well as the drawings of other consultants, are supplementary to the Architectural Drawings. It shall be the responsibility of the General Contractor to check with the Architectural Drawings before the installation of work shown on the drawings of consultants. The Contractor shall bring any discrepancy between the Architectural Drawings and the drawings of the consulting engineers to the attention of the Architect for clarification. Any work installed in conflict with the Architectural drawings and not brought to the Architect's attention shall be corrected by the Contractor at the Contractor's expense and at no expense to the Owner or Architect. 9. Prior to performance of work, the Contractor shall require each subcontractor to notify the Contractor of any work called out in the drawings for his trade that cannot be fully guaranteed. 10. Contractor shall verify the location and size of all openings with all drawings and manufactured items where applicable. 11. The Contractor shall supervise and direct the Work and be solely responsible for all construction, means, methods, techniques, sequences, procedures, safety and for coordinating all portions of the Work. 12. The Contractor here-in agrees to repair or replace any or all work, together with any other adjacent work which may be displaced in connection with such replacement, that may prove to be defective in workmanship or materials within a period of one year form the date of acceptance, ordinary wear and unusual abuse or neglect excepted. 13. Contractor shall protect all existing structures, landscaping, materials, etc., during construction. Contractor shall patch and repair all surfaces disrupted or damaged during construction to match existing adjacent surfaces. 14. The Contractor shall on a daily basis keep the premises free from all accumulations of waste material or rubbish caused by his employees, subcontractors, or work, and at the completion of the work shall remove all rubbish, debris, equipment, and surplus materials from in and about the building and leave the premises "broom clean". 15. Any deviation from the Construction Documents or specifications by the Contractor or Owner without the Architect's approval releases the Architect of responsibility and liability in connection with all work so involved. 16. Clarifications on and/or inconsistencies with the drawings and specifications shall be brought to the attention of the Architect by the Contractor prior to commencement of work. Additional charges will not be granted based on claims of incomplete, inaccurate, or inconsistent drawings and specifications. 17. Prior to any excavation, a meeting will be held on site that will be attended by the project engineer, geologist, project building inspector, general and shoring contractors. 18. A CAL OSHA permit is required where excavations exceed 5ft and a copy of the permit shall be supplied to the city prior to issuing a building permit. 19. The requirements of the 2013 edition of the California Building Code (Title 24) have been taken in consideration. 20. All new utilities will be underground to nearest utility pole. 21. Prior to commencement of any construction all aplicable provisions pertaining to brush clearance contained in the Uniform Fire code shall comply with the City of Laguna Beach Fire Department. 22. The responsible certified geotechnical engineer will inspect and approve all grading and excavations prior to placement of forms, reinforcing steel or concrete. In cases involving engineered fill, a soils engineer shall provide the inspection and approval. 23. All eaves/projections to be one hour fire resistive, heavy timber or constructed on non-combustible materials. There shall be no openings in the fire resistive construction ( i.e. no eave vents), and the fire rating must be maintained around recessed lighting. 24. All roof/ eave materials to be "Class A" rated. 25. Licensed civil engineer/ architect that prepared the drainage plan shall certify at the completion of the project that the site drainage is in substantial compliance with the approved drainage plan. 26. The plans shall comply with the 2007 California Codes. CBC, CPC, CMC and CEC and all applicable Local codes and ordinances. 27. Project shall comply with NPDES, SUSMP and BMP requirements. 28. Contact dig alert. 29. Structural observations by design engineer. 30. Owners on adjacent properties that must underpin their buildings due to the proposed excavation shall be notified in writing ten days prior to beginning the excavation. Copies of these notification letters shall be provided to the city prior to beginning the excavation. 31. Termite protection. In geographical areas where hazard of termite damage is known to be very heavy, wood floor framing shall be of naturally durable species (termite resistant) or preservative treated in accordance with AWPA U1 for the species, product preservative and end use or provided with approved methods of termite protection. 2304.11.6 FIGURE 2603.8 32. Wood supported by exterior foundation walls. Wood framing members, including wood sheathing, that rest on exterior foundation walls and are less than 8 inches (203 mm) from exposed earth shall be of naturally durable or preservative-treated wood. 2304.11.2.2 33. Fasteners for preservative treated and fire-retardant-treated wood shall be of hot dipped zinc-coated galvanized steel, stainless steel, silicon bronze or copper. The coating weights for zinc-coated fasteners shall be in accordance with ASTM A 153. 2304.9.5. Exception: Fasteners other than nails, timber rivets, wood screws and lag screws shall be permitted to be of mechanically deposited zinc coated steel with coating weights in accordance with ASTMB695, Class 55 minimum. 2304.9.5. Fastenings for wood foundations shall be as required in AF&PA Technical Report No. 7. TS-1 TITLE SHEET A1.1 SITE PLAN Front Yard CODE ANALYSIS CODE: UBC - 1994 EDITION CONSTRUCTION TYPE: V-N ZONING DESIGNATION: R-1 OCCUPANCY: R-3, U-1 NUMBER OF STORIES: 2 PROJECT ADDRESS 620 TEMPLE HILLS DRIVE, LAGUNA BEACH, CA 92651 ACCESSOR'S PARCEL NUMBER APN: 644-122-59 LEGAL PORTIONS OF LOTS 84 AND 85 OF TRACT NO. 858, CITY OF LAGUNA BEACH MAIN HOUSE LEVEL 1 SITE WORK Total GRADING Outside of Structural Footprint Inside Structural Footprint Cut (ADU APPLICATION) Fill Net Export Hardscape TOTAL IMPERVIOUS SURFACES Square Footage % of Lot Area Structure Proposed Proposed A10 30'-0" IRRIGATED AREA SPA DETAILS Spa DIMENSIONS (L x W x D) VOLUME / GALLONS Pool / Spa PROJECT DESCRIPTION LOT LINE ADJUSTMENT MAIN HOUSE LEVEL 2 TS ANDRADE RIEHLE LAND SURVEYING 917 GLENNEYRE STREET, SUITE 1 LAGUNA BEACH, CA 92651 P. (949) 494-3388 6,000 SF N/A FLOOR AREA RATIO LANDSCAPE OPEN SPACE PARKING PROPOSED FIXTURE COUNT Low voltage indirect slot light - recessed in wall EXTERIOR BUILDING LIGHTING PROPOSED EGRESS DOORS FIXTURE TYPE WATTAGE LUMENS QUANTITY COMMENTS TOTAL Low voltage decorative pendant PROPOSED FIXTURE COUNT Low voltage indirect step light - recessed in wall LANDSCAPE LIGHTING FIXTURE TYPE WATTAGE LUMENS QUANTITY COMMENTS TOTAL Low voltage indirect in ground directional light - - TOTAL - - - - - - -- -- MAIN HOUSE LOFT (NO CHANGE) (NO CHANGE) 15'-0" ABOVE REAR PL 20'-0" 10% OF LOT WIDTH=11'-4" N/A N/A N/A N/A N/A N/A Sheet Number 12.15.2025 R-1 (NO CHANGE) YY 70'-0" 80'-0" YN USE: RESIDENTIAL ZONE: R-1 LOT SLOPE: 41.40% Y (NO CHANGE) YYYYYY EXISTING (NO CHANGE) 303.57' 20'-0" 8'-0"/38'-1" (NO CHANGE) 9,053 SF 141'-0" 64'-5" 41.17% 30'-0" 1,861.29=22.02% N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A VICINITY MAP PROJECT SITE PROJECT SUMMARY GENERAL NOTES SYMBOLS PROJECT TEAM SHEET INDEX ABBREVIATIONSHUBER RESIDENCE 620 TEMPLE HILLS DRIVE, LAGUNA BEACH, CA 92651 HORST ARCHITECTS EXPRESSLY RESERVES ITS COMMON LAW COPYRIGHT AND OTHER PROPERTY RIGHTS IN THESE DRAWINGS. THESE DRAWINGS ARE NOT TO BE REPRODUCED, CHANGED, OR COPIED IN ANY FORM OR MANNER WHATSOEVER NOR ARE THEY TO BE ASSIGNED TO ANY THIRD PARTY WITHOUT FIRST OBTAINING THE EXPRESSED WRITTEN PERMISSION OF HORST ARCHITECTS. a r c h i t e c t s 9 4 9 4 9 4 9 5 6 9

HUBER RESIDENCE
620 TEMPLE HILLS DRIVE, LAGUNA BEACH, CA 92651 SCALE PLOT DATE SHEET NUMBER 7,872 SF 8'-0"/14'-6" (NO CHANGE) 22'-6" 41.40% 20% OF LOT DEPTH=13'-1" OWNER: ARCHITECT: SURVEYOR: MAX HEIGHT ABOVE REAR PROPERTY LINE 113'-10" 65'-3" 33.98% OF LOT AREA-EXISTING 35.28% OF LOT AREA-PROPOSED 1,861.29=23.64% Attachment 3 30 CENTERLINE OF RIGHT OF WAY APPROX. CENTERLINE OF PAVING 4'-4" 10'-0" HOUSE AND ADU FYSB B U E N A V I S T A W A Y 4'-0"

ADU SYSB
8'-1"
HOUSE SYSB 4'-0" ADU SYSB 8'-1" HOUSE SYSB 4'-0" ADU RYSB 20'-0" HOUSE RYSB AVERAGE DEPTH 100'-6" 4'-0" ADU SYSB8'-1" HOUSE SYSB AVERAGE WIDTH 80'-9" AVERAGE WIDTH 113'-10"AVERAGE DEPTH 65'-3" 4'-0" ADU SYSB8'-1" HOUSE SYSB 4'-0" ADU SYSB 8'-1" HOUSE SYSB 13'-1" RYSB 10'-0" FYSB 10'-0" FYSB 11'-5" SYSB EXISTING BUILDING FOOTPRINT EXISTING BUILDING FOOTPRINT APPROVED NEW ADU 293.46 SF 5'-8" SYSB 5'-8" SYSB 5'-8" SYSB 5'-8" SYSB 20'-0" HOUSE RYSB 277.40 NG 293.90 NG 280.17 NG 292.93 NG 306.10 NG 308.52 NG 347.40 NG 343.10 NG 308.61 NG 10'-7"
10'-0"
HOUSE AND ADU FYSB 50'-512" HORST ARCHITECTS EXPRESSLY RESERVES ITS COMMON LAW COPYRIGHT AND OTHER PROPERTY RIGHTS IN THESE DRAWINGS. THESE DRAWINGS ARE NOT TO BE REPRODUCED, CHANGED, OR COPIED IN ANY FORM OR MANNER WHATSOEVER NOR ARE THEY TO BE ASSIGNED TO ANY THIRD PARTY WITHOUT FIRST OBTAINING THE EXPRESSED WRITTEN PERMISSION OF HORST ARCHITECTS. SHEET NUMBER PLOT DATE: SCALE: a r c h i t e c t s 9 4 9 4 9 4 9 5 6 9 HUBER RESIDENCE ADU 675 BUENA VISTA WAY., LAGUNA BEACH, CA 92651 LEGEND MATERIALS KEYNOTES 1 PROPERTY LINE 2 ADU SETBACK (10'-0" FYSB, 4'-0" SYSB/RYSB) 3 MAX. ADU HEIGHT - 16'ABV. NG, FG, FF - GUIDELINE 4 ADDITIONAL BUILDING SETBACK - 1:1 SLOPE, 15'-0" ABV. N.G. @ F & RSB 5 (E) CURB/EDGE OF PAVEMENT 6 CENTERLINE OF AVG. LOT WIDTH/DEPTH 7 FIXED DATUM POINT/BENCHMARK 8 CENTERLINE OF RIGHT OF WAY 9 CENTERLINE OF DRIVEWAY 10 (E) GRADE / CONTOUR LINE 11 (E) TRASH STORAGE AREA 12 (E) GARAGE - 8'-8" X 18'-0" MIN. PER SPACE 13 (E) STAIRWAY OR STEPS ON GRADE 14 (E) GATE (MAX. 4' IN FYSB, 6' IN SYSB) 15 (E) SITE / RETAINING WALL TO REMAIN 16 (E) PUBLIC PARKING SPACE TO REMAIN - MIN 8' X 22' 17 (E) WALL TO BE REMOVED 18 (E) WALL TO REMAIN 19 (E) OPENING TO BE FILLED 20 (N) STAIRWAY OR STEPS ON GRADE - FOR ADU DEDICATED ACCESS 21 (E) EXTERIOR STAIRCASE TO REMAIN 22 (N) HARDSCAPE 23 EDGE OF WALL (ABV/BLW/BYD AS OCCURS) 24 EDGE OF ROOF/CEILING/FLOOR/DECK (ABV/BLW/BYD AS OCCURS) 25 EDGE OF STAIRS (ABV/BLW/BYD AS OCCURS) 26 HANDRAIL - 36" ABOVE ADJACENT FINISHED SURFACE 27 GUARDRAIL - 42" ABV. FS 28 CASEWORK (ABV/BELOW/BYD) 29 FS/FG/EG (ABOVE/BELOW/BEYOND AS OCCURS) 30 (N) EXTERIOR DOOR/WINDOW 31 (N) WALL 32 (N) INTERIOR DOOR/WINDOW 33 ADU PARKING SPACE - 8'8" X 18'-0" ADU HABITABLE AREA (E) STRUCTURE TO REMAIN PLANTING AREA - REFER TO LANDSCAPE PLAN P/A (N) CONCRETE WALL (E) STRUCTURE TO REMOVE NEW WALL PROPERTY LINE SETBACK PROJECTION ABV/BYD/BLW GLS-1 TRANSPARENT GLASS GLS-2 MTL-2 STN-2 STUC VEG TRANSPARENT GLASS BREAK METAL STONE FLOORING INTEGRALLY COLORED SMOOTH TROWEL STUCCO (TO MATCH EXISTING) VEGETATION A1.1 12.15.2025 1/8" = 1'-0" SITE PLAN 31 NA Door symbol - see door schedule Window symbol - see window schedule Keynote symbol - see keynotes Color/material symbol - see color/fin. list Equipment symbol - see equipment list Plumbing fixtures symbol per schedule Plumbing accessories symbol per schedule 2 x stud wall Concrete Block wall Ceiling height symbol Sheet Number Sheet Number Interior Elevation Number Section Number Detail Number Low wall - refer to spot elevation 1 2 3 4 2A94D1 A.B. ANCHOR BOLT ABV. ABOVE A.C. ASPHALT CONCRETE A.F.F. ABOVE FINISH FLOOR AL ALUMINUM ALT ALTERNATE APP APPROXIMATE ARCH ARCHITECTURAL BD BOARD BLW BELOW BET BETWEEN BLDG BUILDING BM BEAM BOT BOTTOM BYN BEYOND BW BOTH WAYS C.J. CEILING JOISTS C.M.U. CONCRETE MASONRY UNITS C.O. CLEAR OPENING CAB CABINET CLG CEILING CEM CEMENT CER CERAMIC CLR CLEAR COL COLUMN CONC CONCRETE CONN CONNECTION CONST CONSTURUCTION CONT CONTINUOUS CONTR CONTRACTOR D DEPTH D.F. DRINKING FOUNTAIN, DOUGLAS FIR D.S. DOWNSPOUT DB. DOUBLE DET DETAIL DIA DIAMETER DIM DIMENSION DN DOWN DR DOOR DWG DRAWING DWR DRAWER E.N. EDGE NAIL(ING) E.W. EACH WAY EA EACH ELEC ELECTRIC, ELECTRICAL ELEV ELEVATION E.I.F.S. EXTERIOR INSULATION AND FINISH SYSTEM EQ EQUAL EQUIP EQUIPMENT ESMT EASMENT EXH EXHAUST [E] EXISTING EXP EXPOSED F.N. FIELD NAILING F.O.C. FACE OF CONCRETE F.O.M. FACE OF MASONRY F.O.S. FACE OF STUD FRMG FRAMING FDN FOUNDATION FIN FINISH FLR FLOOR FT FOOT FTG. FOOTING GA GAUGE GALV GALVINIZED GAR GARAGE GFF GARAGE FINISH FLOOR G.F.I. GROUND FAULT INTERRUPTOR G.F.R.C. GLASS FIBER REINFORCED CEMENT G.I. GALVINIZED IRON GLS GLASS GR GRANITE GRD GRADE GYP. BD. GYPSUM BOARD H.M, HOLLOW METAL H.C. HOLLOW CORE HC HANDICAPPED HD HIGH DENSITY, HOLD DOWN HDW HARDWARE HR HOUR HT HEIGHT HRT. HEATER I.D. INSIDE DIAMETER IN INCH INS. INSULATION INT. INTERIOR JAN. JANITOR JT. JOINT KIT. KITCHEN L. LENGTH LAV. LAVATORY M.C. MEDICINE CHEST M.O. MASONRY OPENING MAS. MASONRY MAX. MAXIMUM MECH. MECHANICAL MED. MEDIUM MFG. MANUFACTURER MIN. MINIMUM MISC. MISCELLANEOUS MTD MOUNTED MTL. METAL [N] NEW N.I.C. NOT IN CONTRACT N.T.S. NOT TO SCALE NAT. NATURAL O.C. ON CENTER O.D. OUTSIDE DIAMETER OPN. OPENING OPP OPPOSITE P/A PLANTING AREA P.S.I. POUNDS / SQUARE INCH PL. PLATE PLAS PLASTER PLY PLYWOOD POL POLISH, POLISHED PR. PAIR PT. PAINT R RADIUS, RAFTER R.D. ROOF DRAIN R.O. ROUGH OPENING R.R. ROOF RAFTER R.S. ROUGH SAWN RA RETURN AIR REQ REQUIRED RI RISER RM ROOM R.O.W. RIGHT OF WAY S STAINLESS S.C. SOLID CORE SCH. SCHEDULE SECT. SECTION SH SHELF SHTG SHEATHING SHWR SHOWER SIM SIMULAR SPEC SPECIFICATIONS SQ SQUARE ST. STREET STD STANDARD STL STEEL STN STONE STUC STUCCO STRUCT STRUCTURAL SYM SYMMETRICAL T&B TOP AND BOTTOM T&G TOUNGE AND GROOVE T TREAD, TEMPERED GLASS TC TOP OF CONCRETE / CURB / CHIMNEY TD TOP OF DECK TP TOP OF PLATE TT TOP OF TRELLIS TR TOP OF ROOF TRAIL TOP OF HANDRAIL TW TOP OF WALL TEL TELEPHONE THK THICK TYP TYPICAL U.N.O. UNLESS NOTED OTHERWISE UR URINAL V.T. VINYL TILE V.T.R. VENT THROUGH ROUGH W WIDE, WIDTH W/ WITH W.C. WATER CLOSET, WALL COVERING WD WOOD WP WATERPROOF W.R. WATER RESISTANT A11 pla-1 8'-0" AAa 0.00' TR PROJECT SUMMARY TABLES ADDRESS: DESCRIPTION REQUIRED/ALLOWED PROPOSED (Yes/No) CONFORMS USE ZONE LOT AREA LOT WIDTH (AVG.) LOT DEPTH (AVG.) LOT SLOPE (%) MAX. BUILDING HEIGHT FF, FG, EG HEIGHT ABOVE THE CURB ELEVATION SETBACKS: Rear Yard Side Yards LOT COVERAGE (BSC) ZONING STANDARDS PROJECT DATA DESCRIPTION PROPOSED GARAGE DECK AREA 675 BUENA VISTA WAY, LAGUNA BEACH, CA 92651 RESIDENTIAL Y MAIN HOUSE LEVEL 3 TOTAL MAIN HOUSE (NO CHANGE) 1. All work, including materials and workmanship, shall conform to the requirements of local codes, laws, and ordinances and as specified by all by all governing authorities where applicable. Reference is to the latest accepted edition or revision. In the event of conflict with code requirements, that code requirement or note which establishes the higher standard shall take precedence. 2. The intention of the Contract Documents is to include all labor and materials, equipment, and transportation necessary for the complete and proper execution of the work. 3. The Contractor shall visit the job site prior to bidding any portion of the work. The Contractor shall verify all dimensions and existing conditions prior to beginning work, including but not limited to existing interior walls and roof structures. Should any condition arise where the intent of the drawings is in doubt or where there is a discrepancy between the Contract Documents and the field conditions, or within the Contract Documents, the Contractor shall notify the Architect immediately for clarification. Acceptance of these contract documents releases Architect from any liability of inaccurate portray of existing conditions whatsoever as established by consulting engineers and/or surveyors. 4. Dimensions are from face of studs or to center of wall as indicated on drawings, unless noted otherwise. 5. Written dimensions take precedence. Do not scale drawings. Walls not dimensioned are to align with existing walls or be abutted or applied to existing walls per drawings. Doors not dimensioned and shown jamb tight shall be set 3" from perpendicular wall to outer edge of door jamb. 6. Reference to any detail or drawing is for convenience only and does not limit the application of such details or drawings. 7. The design, adequacy and safety of erection bracing, shoring, temporary supports, etc., is the sole responsibility of the Contractor. The Contractor shall be responsible for the stability of the structure and provide necessary bracing prior to the application of all shear walls, roof and floor diaphragms, and finish materials. The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the work. 8. The Structural, Mechanical, Plumbing, and Electrical Drawings, as well as the drawings of other consultants, are supplementary to the Architectural Drawings. It shall be the responsibility of the General Contractor to check with the Architectural Drawings before the installation of work shown on the drawings of consultants. The Contractor shall bring any discrepancy between the Architectural Drawings and the drawings of the consulting engineers to the attention of the Architect for clarification. Any work installed in conflict with the Architectural drawings and not brought to the Architect's attention shall be corrected by the Contractor at the Contractor's expense and at no expense to the Owner or Architect. 9. Prior to performance of work, the Contractor shall require each subcontractor to notify the Contractor of any work called out in the drawings for his trade that cannot be fully guaranteed. 10. Contractor shall verify the location and size of all openings with all drawings and manufactured items where applicable. 11. The Contractor shall supervise and direct the Work and be solely responsible for all construction, means, methods, techniques, sequences, procedures, safety and for coordinating all portions of the Work. 12. The Contractor here-in agrees to repair or replace any or all work, together with any other adjacent work which may be displaced in connection with such replacement, that may prove to be defective in workmanship or materials within a period of one year form the date of acceptance, ordinary wear and unusual abuse or neglect excepted. 13. Contractor shall protect all existing structures, landscaping, materials, etc., during construction. Contractor shall patch and repair all surfaces disrupted or damaged during construction to match existing adjacent surfaces. 14. The Contractor shall on a daily basis keep the premises free from all accumulations of waste material or rubbish caused by his employees, subcontractors, or work, and at the completion of the work shall remove all rubbish, debris, equipment, and surplus materials from in and about the building and leave the premises "broom clean". 15. Any deviation from the Construction Documents or specifications by the Contractor or Owner without the Architect's approval releases the Architect of responsibility and liability in connection with all work so involved. 16. Clarifications on and/or inconsistencies with the drawings and specifications shall be brought to the attention of the Architect by the Contractor prior to commencement of work. Additional charges will not be granted based on claims of incomplete, inaccurate, or inconsistent drawings and specifications. 17. Prior to any excavation, a meeting will be held on site that will be attended by the project engineer, geologist, project building inspector, general and shoring contractors. 18. A CAL OSHA permit is required where excavations exceed 5ft and a copy of the permit shall be supplied to the city prior to issuing a building permit. 19. The requirements of the 2013 edition of the California Building Code (Title 24) have been taken in consideration. 20. All new utilities will be underground to nearest utility pole. 21. Prior to commencement of any construction all aplicable provisions pertaining to brush clearance contained in the Uniform Fire code shall comply with the City of Laguna Beach Fire Department. 22. The responsible certified geotechnical engineer will inspect and approve all grading and excavations prior to placement of forms, reinforcing steel or concrete. In cases involving engineered fill, a soils engineer shall provide the inspection and approval. 23. All eaves/projections to be one hour fire resistive, heavy timber or constructed on non-combustible materials. There shall be no openings in the fire resistive construction ( i.e. no eave vents), and the fire rating must be maintained around recessed lighting. 24. All roof/ eave materials to be "Class A" rated. 25. Licensed civil engineer/ architect that prepared the drainage plan shall certify at the completion of the project that the site drainage is in substantial compliance with the approved drainage plan. 26. The plans shall comply with the 2007 California Codes. CBC, CPC, CMC and CEC and all applicable Local codes and ordinances. 27. Project shall comply with NPDES, SUSMP and BMP requirements. 28. Contact dig alert. 29. Structural observations by design engineer. 30. Owners on adjacent properties that must underpin their buildings due to the proposed excavation shall be notified in writing ten days prior to beginning the excavation. Copies of these notification letters shall be provided to the city prior to beginning the excavation. 31. Termite protection. In geographical areas where hazard of termite damage is known to be very heavy, wood floor framing shall be of naturally durable species (termite resistant) or preservative treated in accordance with AWPA U1 for the species, product preservative and end use or provided with approved methods of termite protection. 2304.11.6 FIGURE 2603.8 32. Wood supported by exterior foundation walls. Wood framing members, including wood sheathing, that rest on exterior foundation walls and are less than 8 inches (203 mm) from exposed earth shall be of naturally durable or preservative-treated wood. 2304.11.2.2 33. Fasteners for preservative treated and fire-retardant-treated wood shall be of hot dipped zinc-coated galvanized steel, stainless steel, silicon bronze or copper. The coating weights for zinc-coated fasteners shall be in accordance with ASTM A 153. 2304.9.5. Exception: Fasteners other than nails, timber rivets, wood screws and lag screws shall be permitted to be of mechanically deposited zinc coated steel with coating weights in accordance with ASTMB695, Class 55 minimum. 2304.9.5. Fastenings for wood foundations shall be as required in AF&PA Technical Report No. 7. TS-1 TITLE SHEET A1.1 SITE PLAN 394 SF Front Yard CODE ANALYSIS CODE: UBC - 1994 EDITION CONSTRUCTION TYPE: V-N ZONING DESIGNATION: R-1 OCCUPANCY: R-3, U-1 NUMBER OF STORIES: 3 PROJECT ADDRESS 675 BUENA VISTA WAY, LAGUNA BEACH, CA 92651 ACCESSOR'S PARCEL NUMBER APN: 644-122-01 LEGAL PORTIONS OF LOTS 84 AND 85 OF TRACT NO. 858, CITY OF LAGUNA BEACH MAIN HOUSE LEVEL 1 SITE WORK Total GRADING Outside of Structural Footprint Inside Structural Footprint Cut Fill Net Export Hardscape TOTAL IMPERVIOUS SURFACES Square Footage % of Lot Area Structure Proposed Proposed A10 30'-0" IRRIGATED AREA SPA DETAILS Spa DIMENSIONS (L x W x D) VOLUME / GALLONS Pool / Spa PROJECT DESCRIPTION LOT LINE ADJUSTMENT MAIN HOUSE LEVEL 2 1,329 SF 1,611 SF 792 SF 3,798 SF 1,197 SF HORST ARCHITECTS EXPRESSLY RESERVES ITS COMMON LAW COPYRIGHT AND OTHER PROPERTY RIGHTS IN THESE DRAWINGS. THESE DRAWINGS ARE NOT TO BE REPRODUCED, CHANGED, OR COPIED IN ANY FORM OR MANNER WHATSOEVER NOR ARE THEY TO BE ASSIGNED TO ANY THIRD PARTY WITHOUT FIRST OBTAINING THE EXPRESSED WRITTEN PERMISSION OF HORST ARCHITECTS. a r c h i t e c t s 9 4 9 4 9 4 9 5 6 9

HUBER RESIDENCE
675 BUENA VISTA WAY., LAGUNA BEACH, CA 92651 SCALE PLOT DATE SHEET NUMBERTS 6,000 SF N/A FLOOR AREA RATIO LANDSCAPE OPEN SPACE PARKING PROPOSED FIXTURE COUNT Low voltage indirect slot light - recessed in wall EXTERIOR BUILDING LIGHTING PROPOSED EGRESS DOORS FIXTURE TYPE WATTAGE LUMENS QUANTITY COMMENTS TOTAL Low voltage decorative pendant PROPOSED FIXTURE COUNT Low voltage indirect step light - recessed in wall LANDSCAPE LIGHTING FIXTURE TYPE WATTAGE LUMENS QUANTITY COMMENTS TOTAL Low voltage indirect in ground directional light - - TOTAL - - - - - - -- -- MAIN HOUSE LOFT 66 SF (NO CHANGE) (NO CHANGE) 15'-0" = 349.72' 10'-0" 20'-0" 10% OF LOT WIDTH 22'-0" N/A N/A N/A N/A N/A N/A Sheet Number 12.15.2025 R-1 (NO CHANGE) Y 7,452 SF Y 70'-0" 80'-0" 80'-9" Y 100'-6" Y USE: RESIDENTIAL ZONE: R-1 LOT SLOPE: 48.38%48.38% Y (NO CHANGE) YYYYYY EXISTING (NO CHANGE) 343.72 10'-7" 20'-0" 8'-7" EACH SIDE (NO CHANGE) 6,271 SF 86'-0" 72'-0" 49.86% N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A VICINITY MAP PROJECT SITE PROJECT SUMMARY GENERAL NOTES SYMBOLS PROJECT TEAM SHEET INDEX ABBREVIATIONSHUBER RESIDENCE 675 BUENA VISTA WAY, LAGUNA BEACH, CA 92651 KAREN HUBER 675 BUENA VISTA WAY, LAGUNA BEACH, CA 92651 C. (949) 689-3808 HORST NOPPENBERGER HORST ARCHITECTS, INC. 247 A FOREST AVENUE, LAGUNA BEACH, CA 92651 P. (949) 494-9569 ANDRADE RIEHLE LAND SURVEYING 917 GLENNEYRE STREET, SUITE 1 LAGUNA BEACH, CA 92651 P. (949) 494-3388 OWNER: ARCHITECT: SURVEYOR: 38.73% OF LOT AREA-EXISTING 36.21% OF LOT AREA-PROPOSED 2,429.91 SF = 38.32% 2,429.91 SF = 32.57% (NO CHANGE) 30'-0" Attachment 4 32 CENTERLINE OF RIGHT OF WAY APPROX. CENTERLINE OF PAVING 4'-4" 10'-0" HOUSE AND ADU FYSB B U E N A V I S T A W A Y 4'-0"

May 12, 2026

NON APPEAL
20 SUBJECT: PUBLIC HEARING REGARDING THE ANNUAL SIDEWALK AND

INTERSECTION VISIBILITY NUISANCE ABATEMENT PROGRAM
RECOMMENDATION: It is recommended that the City Council:

1. Conduct a public hearing to hear protests regarding any noticed nuisance as established by Resolution No. 26.017;

2. Allow or overrule any protests based on facts or circumstances presented by protestors (Mayor Orgill to recuse, if protest regarding Property 8, and Councilmember Kempf to recuse, if protest regarding Property 30, as listed in Attachment 2.);

3. Adopt the Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LAGUNA BEACH, CALIFORNIA, DIRECTING THE DIRECTOR OF PUBLIC WORKS &

UTILITIES TO PROCEED WITH ABATING ALL NOTICED NUISANCES ON PROPERTIES

THAT DO NOT ABATE THE NUISANCES WITHIN THE PRESCRIBED TIME AND FINDING THE SAME EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT”, directing the Director of Public Works & Utilities to abate all noticed nuisances established by Resolution No. 26.017 for Properties 1-35, as listed in Attachment 2, if not removed by June 12, 2026 (Mayor Orgill shall recuse from deliberation and voting on Property 8. Councilmember Kempf shall recuse from deliberation and voting on Property 30); and

4. Find the abatement of public nuisances exempt from California Environmental Quality Act pursuant to State CEQA Guidelines section 15304.

SUMMARY OF THE MATTER
This report recommends that the City Council conduct a public hearing to consider protests related to the Annual Sidewalk and Intersection Visibility Nuisance Abatement Program, and adopt a resolution directing the abatement of remaining nuisances that are not corrected by June 12, 2026.

As part of the City’s annual inspection program, staff identified 99 properties with vegetation or improvements obstructing pedestrian and vehicular visibility. Following the adoption of Resolution No.

26.017 on March 24, 2026, property owners were notified and provided an opportunity to correct violations.

To date, 64 properties have complied, and 35 properties remain subject to abatement.

If approved, the City will abate remaining nuisances and recover associated costs through property tax assessments, subject to City Council confirmation at a future hearing.

DISCUSSION
Background
Staff perform annual inspections of all City streets, identifying privately maintained vegetation or other improvements that present obstructions to pedestrians and vehicles. These public nuisances need to be abated under abatement procedures of the City’s Municipal Code and the California Government Code. 1 of 46

PUBLIC HEARING REGARDING THE ANNUAL SIDEWALK AND INTERSECTION

VISIBILITY NUISANCE ABATEMENT PROGRAM
May 12, 2026

Page 2 of 3 ends

On March 24, 2026, the City Council adopted Resolution No. 26.017 (Attachment 2), declaring vegetation or weeds located upon streets, sidewalks, parkways and private property that interfere with public interest, use and safety to be a public nuisance, and set a public hearing date of May 12, 2026, to hear any protests or objections. The 99 responsible property owners were notified via written notices mailed on March 25, 2026.

Current Status
Since the notification, 64 of the 99 identified properties have corrected the violations. The remaining 35 properties continue to present visibility or access concerns and are listed in Attachment 1.

Proposed Action
Staff recommends that the City Council, upon its determination to overrule any protests presented at the public hearing, direct the Director of Public Works & Utilities to abate all noticed obstructions not removed by June 12, 2026, except for locations where protest is upheld.

Cost Recovery
Abatement costs will be charged to responsible property owners via property tax bills. The City Council will be asked to confirm any assessments at its July 7, 2026 meeting.

FINANCIAL ANALYSIS
The Fiscal Year 2025-26 Budget contains sufficient funding for this annual program; therefore, no additional appropriation is requested.

Costs associated with abatement of non-compliant properties will be tracked on a per-parcel basis and are expected to be fully recovered through property tax assessments following City Council confirmation.

ENVIRONMENTAL ANALYSIS
2 of 46

PUBLIC HEARING REGARDING THE ANNUAL SIDEWALK AND INTERSECTION

VISIBILITY NUISANCE ABATEMENT PROGRAM
May 12, 2026

Page 3 of 3 ends

The abatement of public nuisances (including privately maintained vegetation or other improvements presenting obstructions to pedestrians and vehicles) is a project subject to the California Environmental Quality Act (CEQA). This project qualifies for a categorical exemption pursuant to Section 15304 of the State CEQA Guidelines – Minor Alterations to land (Class 4), which applies to minor public or private alterations to the condition of land, water, or vegetation. The abatement of public nuisances, which include the removal of weeds and vegetation, constitute minor alterations to land, and does not involve the removal of mature, scenic trees. Moreover, none of the exceptions to the exemptions set forth under State CEQA Guidelines section 15300.2 apply. There are no cumulative impacts resulting from successive projects of the same type on the same sites over time because the weeds and vegetation only need be removed permanently one time. There are no unusual circumstances that apply to the project that would result in a reasonable possibility for a significant effect on the environment since these involve minor removal of weeds and vegetation. There are no scenic resources within an officially designated scenic highway on or near the abatement of these nuisances that would result in damage to those scenic resources as a result of the project. The properties on which these nuisances are located are not included on any list compiled pursuant to Government Code section 65962.5. There are no historical resources on or near the properties such that there would be a substantial adverse change in the significance of such historical resource. Thus, the project is exempt pursuant to Class 4, and no further environmental review is required.

ATTACHMENTS

1. Resolution and Revised Nuisance Abatement Address List as Exhibit A (Pgs. 4-7)

2. Resolution No. 26.017 and Exhibit A (Pgs. 8-13)
Submitted By: Mark McAvoy Approved: .David A Kiff
Mark McAvoy, Director of Public
Works & Utilities
Dave Kiff, City Manager
Report Prepared By: Coordinated With:

Reza Jafari, Deputy Director/ Public Services
3 of 46
RESOLUTION NO. 26.XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LAGUNA BEACH, CALIFORNIA, DIRECTING THE

DIRECTOR OF PUBLIC WORKS & UTILITIES TO PROCEED

WITH ABATING ALL NOTICED NUISANCES ON

PROPERTIES THAT DO NOT ABATE THE NUISANCES

WITHIN THE PRESCRIBED TIME AND FINDING THE SAME

EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT
WHEREAS, the City Council adopted Resolution No. 26.017 on March 24, 2026, which by its terms the Council declared that all vegetation or weeds located upon streets, sidewalks, parkways and private property in the City of Laguna Beach (“City”) and listed the properties in the City upon which or in front of which said vegetation or weeds are located; and WHEREAS, the City Council adopted Resolution No. 26.017 on March 24, 2026, which by its terms the Council declared that all vegetation or weeds upon any property at intersecting streets in the City and listed the properties in the City upon which or in front of which said vegetation or weeds are located; and
WHEREAS, a hearing date was set for May 12, 2026 for the City Council to hear and consider all objections and protests, if any, to the proposed removal of said vegetation or weeds and public notices were sent to all persons owning property subject to Resolution No. 26.017; and WHEREAS, the City Council held said hearing on May 12, 2026, to hear objections and protests to the proposed removal of vegetation or weeds and the noticed locations.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH DOES RESOLVE:

SECTION 1. The City Council finds and determines that the foregoing recitals, which are incorporated herein by this reference, are true and correct. $WWDFKPHQW
4 4 of 46
-2- Reso. #26.XXX
SECTION 2. The City Council, after hearing and considering any and all objections and protests to the proposed removal of said weeds and rubbish, hereby directs the Director of Public Works & Utilities to abate the nuisances declared by this Resolution and Resolution No. 26.017.

The Director of Public Works & Utilities is directed to cause the removal of vegetation or weeds located upon the streets, sidewalks, parkways and private property in the City of Laguna Beach at the properties listed in Exhibit A. The Director of Public Works & Utilities or designees may enter upon private property to abate the nuisance. However, no abatement activities shall occur prior to June 12, 2026 to allow property owner(s) the ability to abate the nuisance at their own expense.

SECTION 3. The Director of Public Works & Utilities or designees shall keep an account of the cost of abatement for each property and shall submit an itemized written report to the City Council at its July 7, 2026, where property owners can hear any object to the cost of any work abatement to be assessed through the property tax bills.

SECTION 4. This Resolution and the abatement of public nuisances (including privately maintained vegetation or other improvements presenting obstructions to pedestrians and vehicles) is a project subject to the California Environmental Quality Act (CEQA). This project qualifies for a categorical exemption pursuant to Section 15304 of the State CEQA Guidelines – Minor Alterations to land (Class 4), which applies to minor public or private alterations to the condition of land, water, or vegetation. The abatement of public nuisances, which include the removal of weeds and vegetation, constitute minor alterations to land, and does not involve the removal of mature, scenic trees. Moreover, none of the exceptions to the exemptions set forth under State CEQA Guidelines section 15300.2 apply. There are no cumulative impacts resulting from successive projects of the same type on the same sites over time because the weeds and vegetation only need be removed permanently one time. There are no unusual circumstances that apply to the 5 5 of 46
-3- Reso. #26.XXX
project that would result in a reasonable possibility for a significant effect on the environment since these involve minor removal of weeds and vegetation. There are no scenic resources within an officially designated scenic highway on or near the abatement of these nuisances that would result in damage to those scenic resources as a result of the project. The properties on which these nuisances are located are not included on any list compiled pursuant to Government Code section 65962.5. There are no historical resources on or near the properties such that there would be a substantial adverse change in the significance of such historical resource. Thus, the project is exempt pursuant to Class 4, and no further environmental review is required.

SECTION 5. The City Clerk shall certify to the adoption of this Resolution.

ADOPTED this 12th day of May, 2026.

Mark Orgill, Mayor
ATTEST:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

City Clerk, City of Laguna Beach, CA
6 6 of 46
Exhibit A
Nuisance Abatement - 2026 Parcel List (Revised 5/12/2026) # Assessor Parcel No. Site Street Address Property Owner 1 053-152-08 110 La Brea St Maryann O Pentz
2 496-082-01 397 North Coast Hwy Heisler Laguna LLC
3 496-135-03 310 Hawthrone Rd Gregory J Caruso
4 496-121-07 445 Cypress Dr Tjene Inc
5 496-035-02 325 Holly St Steven John Morgan
6 053-123-10 225 Viejo St 123 West Pomona LLC
7 496-181-13 590 North Coast Hwy Paulette Adams
8 644-043-06 545 Through St Glynnis Engen
9 641-303-30 1244 Anacapa Way Bo Eluf Nielsen
10 641-303-35 1222 Anacapa Way Anacapa Way LLC
11 641-491-05 1350 Moorea Way Lee Dudley Blevins
12 641-322-21 1325 Pitcairn Pl Stephen A & Denise C Marinacci 13 641-303-04 1223 Skyline Dr Illia Rudenko
14 641-301-06 1255 Skyline Dr Steven K Williams
15 641-452-08 2421 Park Av Maera LLC
16 641-051-08 3146 Bern Dr Christopher Andrezze
17 641-021-04 3186 Bonn Dr Terri Lynn Eisenberg
18 641-022-03 3163 Bonn Dr Bonn View LLC
19 641-031-22 3013 Nestall Rd Timothy James Rabun
20 644-322-35 1657 Bluebird Canyon Dr David Scot Zimmerman 21 644-322-38 1689 Bluebird Canyon Dr Mark Haskins
22 644-332-08 1344 Morningside Dr Betty Luskin
23 644-332-07 1354 Morningside Dr Shiyong Yang
24 644-341-35 1160 Morningside Dr Brian & Kristin Tovtin 25 644-211-03 1331 Glenneyre St Christopher Keller
26 656-101-14 2604 Solana Way Ernest Huddleson
27 656-101-16 2626 Solana Way Tram Quynh Le Nguyen
28 656-054-14 639 Bolsana Dr Michael & Beverly Ouimette 29 656-054-20 699 Bolsana Dr Patricia Lynn Simmons
30 656-054-24 725 Bolsana Dr Clifford Terry
31 056-105-34 31736 4th Ave Rose Marie Harrold
32 658-112-05 31921 Virginia Way Christopher Todd Lambert 33 658-111-07 31844 Coast Hwy Justin & Christy Helwig
34 056-031-11 31411 Monterey St Dajun Xu
35 496-094-14 204 Cliff Dr Bruce E Vanderwilt
7 7 of 46
Attachment 2
8 8 of 46
9 9 of 46
10 10 of 46
11 11 of 46
12 12 of 46
13 13 of 46

STAFF REPORT
Meeting Date:

May 12, 2026

NON APPEAL
21 SUBJECT: PUBLIC HEARING FOR ANNUAL WEED ABATEMENT PROGRAM RECOMMENDATION: It is recommended that the City Council:

1. Conduct a public hearing to hear protests regarding any noticed nuisance as established by Resolution No. 26.XXX (Attachment 1) and Resolution No. 26.010;

2. Allow or overrule any protests based on facts or circumstances presented by the protestor (Mayor Rounaghi, Council Members Orgill, Whalen, Kempf, and Jones to recuse if the protest concerns properties listed in the subsequent recommendations);

3. Adopt the Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LAGUNA BEACH, CALIFORNIA, DIRECTING THE FIRE CHIEF TO PROCEED WITH

ABATING ALL NOTICED NUISANCES ON PROPERTIES THAT DO NOT ABATE THE

NUISANCES WITHIN THE PRESCRIBED TIME AND FINDING THE SAME EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT” directing the Fire Chief to abate all noticed nuisances established by Resolution No. 26.010 on Exhibit A for property # 186 (APN 644-044-20) not removed by May 12, 2026 (Councilmember Orgill to recuse);

4. Adopt the Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LAGUNA BEACH, CALIFORNIA, DIRECTING THE FIRE CHIEF TO PROCEED WITH

ABATING ALL NOTICED NUISANCES ON PROPERTIES THAT DO NOT ABATE THE

NUISANCES WITHIN THE PRESCRIBED TIME AND FINDING THE SAME EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT” directing the Fire Chief to abate all noticed nuisances established by Resolution No. 26.010 on Exhibit A for property # 242 (APN 644-254-12) not removed by May 12, 2026 (Councilmember Jones to recuse);

5. Adopt the Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LAGUNA BEACH, CALIFORNIA, DIRECTING THE FIRE CHIEF TO PROCEED WITH

ABATING ALL NOTICED NUISANCES ON PROPERTIES THAT DO NOT ABATE THE

NUISANCES WITHIN THE PRESCRIBED TIME AND FINDING THE SAME EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT” directing the Fire Chief to abate all noticed nuisances established by Resolution No. 26.010 on Exhibit A for properties # 325 and 326 (APN 656-053-17 and 656-053-27) not removed by May 12, 2026 (Councilmember Kempf to recuse);

6. Adopt the Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LAGUNA BEACH, CALIFORNIA, DIRECTING THE FIRE CHIEF TO PROCEED WITH

ABATING ALL NOTICED NUISANCES ON PROPERTIES THAT DO NOT ABATE THE

NUISANCES WITHIN THE PRESCRIBED TIME AND FINDING THE SAME EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT” directing the Fire Chief to abate all noticed nuisances established by Resolution No. 26.0010 on Exhibit A for property #356, 357, and 358 (APN 658-091-01,658-091-05, and 658-091-06) not removed by May 12, 2026 (Mayor Rounaghi to recuse);
1 of 59

PUBLIC HEARING FOR ANNUAL WEED ABATEMENT PROGRAM
May 12, 2026

Page 2 of 3 ends

7. Adopt the Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LAGUNA BEACH, CALIFORNIA, DIRECTING THE FIRE CHIEF TO PROCEED WITH

ABATING ALL NOTICED NUISANCES ON PROPERTIES THAT DO NOT ABATE THE

NUISANCES WITHIN THE PRESCRIBED TIME AND FINDING THE SAME EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT” directing the Fire Chief to abate all noticed nuisances established by Resolution No. 26.010, for properties # 1-185, 187- 241, 243-324, 327-355, and 359 -368 on Exhibit A if not removed by May 12, 2026; and

8. Identify the abatement of public nuisances exempt from the California Environmental Quality Act pursuant to Section 15304 of the State CEQA Guidelines.

SUMMARY OF THE MATTER
On March 24, 2026, the City Council adopted Resolution 26.018, which declared weeds, rubbish, and refuse located upon city streets, sidewalks, parkways, or in front of various specified parcels of private property within the City to be a public nuisance. The resolution also set a May 12, 2026, public hearing date for the City Council to consider any protests and objections to removing the noticed nuisances.

On March 24, 2026, the City Clerk notified the 368 affected property owners of the public hearing by mail. The property owners were provided with a deadline of May 12, 2026, to abate their properties or be subject to weed abatement by City-contracted hand crews. The City's contractors abate approximately 50 properties annually at a cost of $200 to $300 per property. Service fees are assessed on the property owner's tax bill.

DISCUSSION
Staff performs annual inspections of all City streets, identifying privately maintained vegetation or other improvements that present obstructions to pedestrians and vehicles. These public nuisances need to be abated under abatement procedures of the City's Municipal Code and the California Government Code.

Staff completed inspections and identified 368 parcels that constitute a public nuisance. As of this meeting, approximately 200 parcels have not responded with nuisance abatement remedial actions.

Upon the City Council’s determination to overrule any such protests presented at the public hearing, it is recommended that the City Council direct the Fire Chief to abate all overruled noticed nuisances not removed by the property owners by May 12, 2026. The costs of the City's efforts for such nuisance abatements will be charged to the responsible property owners through property tax bills next year and will be provided to the City Council on July 7, 2026.

Separate votes are recommended in order to segment the decision based on conflicts of interest for certain Council Members due to proximity to real property interests. One property is within 500 feet of Councilmember Orgill’s residence (644-044-20), two properties are within 500 feet of Mayor Kempf’s residence (656-053-27 and 656-054-07), one property within 500 feet of Councilmember Jones’ Residence (644-254-12), and three properties are within 500 feet of Councilmember Rounaghi’s Residence (658-091- 01,658-091-05, and 658-091-06).
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May 12, 2026

Page 3 of 3 ends

FINANCIAL ANALYSIS
The recommended action has no financial impact on the budget.

ENVIRONMENTAL ANALYSIS
The annual abatement of public nuisances (Project) qualifies for a categorical exemption pursuant to Section 15304 of the State CEQA Guidelines – Minor Alterations to Land (Class 4), which applies to minor public or private alterations to the condition of land, water, or vegetation. The abatement of vegetation and weeds that pose a public nuisance to pedestrians and vehicles constitutes a minor alteration to land and does not involve the removal of mature, scenic trees. Moreover, none of the exceptions to the exemptions set forth under State CEQA Guidelines Section 15300.2 apply. There are no cumulative impacts resulting from successive projects of the same type on the same sites over time because the vegetation and weeds are removed as needed and do not require permanent or repeated abatement. There are no unusual circumstances associated with the Project that would create a reasonable possibility of a significant environmental effect, as the activities are limited to the minor removal of vegetation and weeds. There are no scenic resources within an officially designated scenic highway on or near the abatement areas that would be impacted by the Project. The properties listed in Exhibit A of the attached resolution are not included on any list compiled pursuant to Government Code Section 65962.5. There are no historical resources on or near the properties such that the Project would result in a substantial adverse change to the significance of a historical resource.

ATTACHMENTS

1. Resolution (Pgs. 4-6)

2. Weed Abatement Resolution 26.018 with Exhibit A (Pgs. 7-13) Submitted By:
. Approved: .David A Kiff
Niko King, Fire Chief Dave Kiff, City Manager
Report Prepared By: Coordinated With:

Robert Montaghami, Fire Marshal
Christopher Gort, Fire Safety Inspector
Niko King, Fire Chief
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RESOLUTION NO. 26.XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LAGUNA BEACH, CALIFORNIA, DIRECTING THE FIRE

CHIEF TO PROCEED WITH ABATING ALL NOTICED

NUISANCES ON PROPERTIES THAT DO NOT ABATE THE

NUISANCES WITHIN THE PRESCRIBED TIME AND FINDING

THE SAME EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
WHEREAS, the City Council adopted Resolution No. 26.018 on March 24, 2026, which by its terms the Council declared as a public nuisance weeds, rubbish, and refuse located upon the streets, sidewalks, parkways and private property in the City of Laguna Beach (“City”) and listed the properties in the City upon which or in front of which said weeds, rubbish, and refuse are located; and
WHEREAS, that a hearing date was set for May 12, 2026 for the City Council to hear and consider all objections and protests, if any, to the proposed removal of said weeds and rubbish and public notices were sent to all persons owning property subject to Resolution No. 26.018; and WHEREAS, the City Council held said hearing on February 17, 2026, to hear objections and protest to the proposed removal of weeds, rubbish, refuse and dirt.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH DOES RESOLVE:

SECTION 1. The City Council finds and determines that the foregoing recitals, which are incorporated herein by this reference, are true and correct.

SECTION 2. The City Council, after hearing and considering any and all objections and protests to the proposed removal of said weeds and rubbish, hereby directs the Fire Chief to abate the nuisances declared by this Resolution and Resolution No. 26.018. The Fire Chief is directed to cause the removal of weeds, rubbish, and refuse located upon the streets, sidewalks, parkways and Attachment 1
4 4 of 59
-2- Reso. #26.XXX
private property in the City of Laguna Beach at the properties listed in Exhibit A. The Fire Chief or the Fire Chief’s designees may enter upon private property to abate the nuisance. However, no abetment activities shall occur prior to (INSERT DATE) to allow property owner(s) the ability to abate the nuisance at their own expense.

SECTION 3. The Fire Chief or Fire Chief’s designees shall keep an account of the cost of abatement for each property and shall submit an itemized written report to the City Council at its July 7, 2026, where property owners can hear any object to the cost of any work abatement to be assessed through the property tax bills.

SECTION 4. This Resolution and the annual abatement of public nuisances are exempt from the California Environmental Quality Act exemption pursuant to Section 15304 of the State CEQA Guidelines – Minor Alterations to Land (Class 4), which applies to minor public or private alterations to the condition of land, water, or vegetation. The abatement of vegetation and weeds that pose a public nuisance to pedestrians and vehicles constitutes a minor alteration to land and does not involve the removal of mature, scenic trees. Moreover, none of the exceptions to the exemptions set forth under State CEQA Guidelines Section 15300.2 apply. There are no cumulative impacts resulting from successive projects of the same type on the same sites over time because the vegetation and weeds are removed as needed and do not require permanent or repeated abatement. There are no unusual circumstances associated with the Project that would create a reasonable possibility of a significant environmental effect, as the activities are limited to the minor removal of vegetation and weeds. There are no scenic resources within an officially designated scenic highway on or near the abatement areas that would be impacted by the Project. The properties listed in Exhibit A of the attached resolution are not included on any list compiled 5 5 of 59
-3- Reso. #26.XXX
pursuant to Government Code Section 65962.5. There are no historical resources on or near the properties such that the Project would result in a substantial adverse change to the significance of a historical resource .

SECTION 5. The City Clerk shall certify to the adoption of this Resolution.

ADOPTED this ______ day of __________, 2026.

Mark Orgill, Mayor
ATTEST:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

City Clerk, City of Laguna Beach, CA
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RESOLUTION NO. 26.018

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LAGUNA BEACH, CALIFORNIA, DECLARING AND

DETERMINING THAT WEEDS, RUBBISH, AND REFUSE UPON

THE STREETS, SIDEWALKS, PARKWAYS AND PRIVATE

PROPERTY IN THE CITY OF LAGUNA BEACH ARE A PUBLIC

NUISANCE AND DIRECTING THE CITY CLERK TO MAIL

NOTICES TO DESTROY AND REMOVE SAID WEEDS,

RUBBISH AND REFUSE, AS REQUIRED BYLAW, AND FIXING

THE TIME FOR HEARING OBJECTIONS AND PROTESTS
The City Council of the City of Laguna Beach does resolve and order as follows:

SECTION 1: That pursuant to the provisions of Article 2, Chapter 13, Part 2, Division 3, Title 4 of the Government Code of the State of California and Chapter 12.12 of the Laguna Beach Municipal Code pe1iaining to abatement of weeds and obstructions to intersection visibility, the City Council of the City of Laguna Beach hereby determines and declares that all weeds, rubbish, and refuse located upon the streets, sidewalks, parkways and private property in the City of Laguna Beach hereinafter identified and described, are noxious and dangerous and endanger the public safety and are hereby declared a public nuisance. The streets, sidewalks, parkways, and private property in the City of Laguna Beach upon which or in front of which said weeds, rubbish, and refuse are located and designated and described on Exhibit "A" attached hereto and incorporated herein by this reference.

SECTION 2: That the 12th day of May 2026, at the hour of 5:00 p.m., shall be and the same hereby is fixed as the date, time, and place for the City Council to hear and consider all objections and protests, if any, to the proposed removal of said weeds and rubbish. The hearing will be conducted in Council Chambers. The notice mailed to property owners in accordance with Section 3 below shall contain instructions for presenting any objections and -1-
Attachment 2
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protests in writing and/or in person at the time of the hearing in Council Chambers.

SECTION 3: That the City Clerk of the City of Laguna Beach is hereby instructed to prepare and mail notices to destroy said weeds, rubbish, and refuse as required by law, to all persons owning property described in Section 1 hereof as shown on the last equalized assessment rolls, said notice to be mailed at least five days prior to the time for hearing objections by the City Council.

ADOPTED this 24th day of March, 2026.

M
ATTEST:

I, Ann Marie McKay, City Clerk of the City of Laguna Beach, certify that the foregoing Resolution No. 26.018 was duly adopted at a regular meeting of the City Council of said City held on March 24, 2026, by the following vote:

AYES: COUNCILMEMBERS: Kempf, Rounaghi, Whalen, Jones, Orgill NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
-2- Reso. #26.018
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STAFF REPORT
Meeting Date:

May 12, 2026

NON APPEAL
22 SUBJECT: FIRST READING OF DESIGN REVIEW EFFICIENCY ORDINANCE AND

EFFICIENCY ORDINANCE
RECOMMENDATION: It is recommended that the City Council:

1. Waive full reading and introduce by title only an Ordinance titled, "AN ORDINANCE OF THE

CITY COUNCIL OF LAGUNA BEACH, CALIFORNIA, AMENDING ITS LOCAL COASTAL PROGRAM AND MUNICIPAL CODE TO MODIFY TITLE 25 (ZONING), TITLE 21 (SUBDIVISIONS), AND TITLE 22 (EXCAVATING, GRADING, AND FILLING) TO STREAMLINE THE DESIGN REVIEW AND OTHER PERMIT PROCESSES; AND FINDING

SAID ACTION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT UNDER CEQA GUIDELINES SECTION 15301;

2. Waive full reading and introduce by title only an Ordinance titled, "AN ORDINANCE OF THE

CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, AMENDING ITS MUNICIPAL CODE TO MODIFY CHAPTER 7.25 (NOISE), 12.08 (PRESERVATION OF HERITAGE TREES), 12.16 (VIEW PRESERVATION AND RESTORATION), AND 17.50 (PRIVATE SEWER LATERALS) TO IMPROVE CONSISTENCY WITHIN THE CODE; AND

FINDING SAID ACTION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT UNDER CEQA GUIDELINES SECTION 15301”;

3. Direct staff to return with the Ordinances, identified in recommendations 1 and 2, above, for a second reading and adoption at the May 26, 2026, City Council meeting;

4. Direct City staff to present an urgency version of the Design Review Efficiency Ordinance at the May 26, 2026, City Council meeting;

5. Direct City staff to return with proposed City Council resolution with revisions to the Design Guidelines – A Guide to Residential Development that are consistent with the revisions to the Design Review Efficiency Ordinance;

6. Give further direction as to the policy regarding concept review for certain capital improvement program projects, direct City staff to draft a Resolution memorializing the City staff policy for such concept reviews, and direct City staff to bring the draft Resolution to the May 26, 2026, City Council meeting for adoption; and

7. Find that the recommended actions are exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301.

SUMMARY OF THE MATTER
The processing of development applications in the City of Laguna Beach (“City”) has always been complex, but in recent years, changes in State law, which direct a faster and more objective pathway to approval, as well as poor customer service concerns regarding the burdensome Zoning Plan Check process, have highlighted the need to improve the City’s plan review procedures. In response, City staff has been 1 of 399

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evaluating measures to improve efficiency within the Community Development Department. As part of that effort, staff prepared a Design Review Efficiency Ordinance (“DR Efficiency Ordinance”). (Attachment 1, Exhibit A.) A high-level summary of the DR Efficiency Ordinance and the changes it proposes to make is attached. (Attachment 2.)
Before arriving at this version of the DR Efficiency Ordinance, the City held a community workshop on October 1, 2024 to gain feedback on the development of the DR Efficiency Ordinance. City staff then released to the public a cover letter summarizing the DR Efficiency Ordinance changes and the DR Efficiency Ordinance itself for purposes of gathering feedback to incorporate into the ordinance. Then the City Council, the Planning Commission, and the Design Review Board all met in a joint session on Wednesday, March 12, 2025 to discuss a revised version of the DR Efficiency Ordinance, based on feedback from the public. Based on the joint session, City staff presented further revisions to the draft ordinance to the City Council for additional feedback on April 8, 2025, July 22, 2025, and November 18, 2025.

While City staff was updating the DR Efficiency Ordinance after the July 22, 2025 City Council meeting, City staff identified that some of the needed revisions are not part of the City’s certified Local Coastal Program (“certified LCP”) and therefore should be removed from the DR Efficiency Ordinance and put into an ordinance that only amends the City’s Municipal Code (the “Efficiency Ordinance”). (Attachment

3.) Also, after the July 22, 2025 City Council meeting, City staff submitted the draft DR Efficiency Ordinance to California Coastal Commission staff for review and comment.

In response to that feedback and prior feedback from the City Council, staff made minor revisions and presented an updated draft of the DR Efficiency Ordinance to the Planning Commission on March 18, 2026.1 At that meeting, the Planning Commission recommended that the City Council adopt the draft ordinance with the modifications presented by staff during the staff presentation,2 and with the following additional modifications:

Planning Commission-Recommended Changes
(1) The Community Development Director is authorized to refer a project that is exempt from Design Review to the appropriate Design Review authority;
1 In accordance with California Government Code Sections 65853–65857, the Planning Commission is generally required to conduct a review of a proposed zoning ordinance or an amendment to a zoning ordinance. Because the Efficiency Ordinance does not amend Title 25 (Zoning), the Planning Commission’s review was limited to consideration of the draft DR Efficiency Ordinance.
2 The changes proposed by staff at the meeting, which were incorporated into the Planning Commission’s motion recommending City Council adoption of the DR Efficiency Ordinance, include the following: (1) for the design review triggers, building height would be measured consistent with the definition for building height in Chapter 25.08 of the Municipal Code; (2) fill terraces more than three feet above grade would require Administrative Design Review, consistent with the requirements for elevated decks more than three feet above grade; (3) the public hearing waiver process for projects that require Administrative Design Review would not apply to alterations to historic resources nor to elevated decks, terraces, or similar features more than three feet above grade; and (4) Heritage Committee review would be required when Administrative Design Review is required for minor alterations to a historic resource.
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(2) The Design Review requirements for certain building and landscape improvements at or above 16 feet shall be modified to set the threshold at 15 feet or higher; (3) Incorporate a Design Review requirement for roof alterations that change the roof dimensions or roof pitch; and
(4) Remove the proposed new allowances for luminous tube signs.

All of the above-mentioned Planning Commission-recommended changes have been implemented into the ordinance.

As discussed further below, the Planning Commission also recommended that all capital improvement projects (“CIP”), except for “de minimis” development, be presented to the Planning Commission for concept review prior to entitlement. Such policy direction to City staff by the City Council would be memorialized by City Council resolution, presented at a future meeting (at second reading and adoption). (The March 18, 2026 Planning Commission staff report, public comments, and adopted Planning Commission Resolution No. 2026-0381 with the Planning Commission’s recommended redlined changes to the DR Efficiency Ordinance are attached as Attachments 4 through 6, respectively.) Following the March 18, 2026 Planning Commission meeting, staff received a third set of comments from California Coastal Commission staff. While revising the DR Efficiency Ordinance to address the third set of Coastal Commission staff comments, staff also identified additional modifications that could appropriately be incorporated into the ordinance. To distinguish these revisions from the version recommended by the Planning Commission, staff prepared a redlined draft showing all changes made since the version of the ordinance that the Planning Commission recommended (Attachment 1), which is recommended for introduction and first reading.

City staff is recommending that the City Council: (1) introduce and waive the first reading of the DR Efficiency Ordinance and the Efficiency Ordinance; (2) direct City staff to return with urgency version of the DR Efficiency Ordinance for consideration by the City Council at the second reading of the non-urgency version; (3) give further direction as to the policy regarding concept review for certain capital improvement program projects and direct City staff to draft a Resolution memorializing the City staff policy for such concept reviews; and (4) find the actions exempt under State CEQA Guidelines Section 15301.

DISCUSSION
In an attempt to both meet the goals of the City's Housing Element and to address larger concerns about delays and the slow pacing of project approvals, City staff has identified changes to specific parts of the Laguna Beach Municipal Code (“LBMC”) that relate to the Community Development Department’s processing of applications. The DR Efficiency Ordinance does four primary things:

1. Common Practices not yet in the Code.

In some cases, staff has procedures and interpretations that are not clearly outlined in the Zoning Code. This effort attempts to codify these approaches, such as the concept of “Zoning Clearance,” 3 of 399

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whereby a project that does not require a planning entitlement may be approved by a planner to authorize the next step in the permit process, typically culminating in the issuance of a building permit.

2. Triggers for Design Review.

These changes focus on reducing the level of design review required for various project types. a. Inverting the Design Review relationship. Today, all development requires Design Review approval, unless explicitly exempted by the LBMC. The DR Efficiency Ordinance would instead state that Design Review is required only for those projects clearly identified by the LBMC as requiring Design Review.
b. Adding to the Types of Projects that are Exempt from Design Review. These include, but are not limited to:
• Changes that do not constitute a major remodel
• Improvements that do not exceed a height of 15 feet above adjacent ground elevation • Re-roofing of buildings, except for white roofing materials or materials that result in glare
• Annual weed abatement and fuel modification
• Certain hardscape and landscaping improvements
• Swimming pools and spas no more than three feet above adjacent ground elevation, and portable spas that do not exceed 600 gallons
• Mechanical equipment that meet certain noise standards and other requirements • Above-ground utility structures less than four feet in height when incorporating colors, finishes, and landscaping to minimize visual impact
• New primary dwelling units that do not exceed a height of 15 feet and a single story, with greater setbacks than those required by the underlying zone as specified, and otherwise complying with all applicable objective development standards in the Zoning Code
• De Minimis capital improvement projects, as defined.
c. Reducing the Level of Design Review to Administrative Design Review. These changes add to the types of Design Review projects that can be heard by City staff rather than the Design Review Board or Planning Commission. Staff is also proposing to institute a public hearing waiver process where staff will issue public notice to determine if neighbors would like for a hearing to be held on a proposed application.5 If the noticed neighbors do not respond by requesting a public hearing, the project would be approved without a public hearing. Projects subject to Administrative Design Review would include, but are not limited to the following:
5 The public hearing waiver process would not apply to minor alterations to historic resources nor to decks, slabs, terraces, or patios elevated more than three feet above grade. Such projects would require both public hearings and certified staking. 4 of 399

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• Certain landscaping
• Decks more than three feet above adjacent ground elevation • Minor alterations to historic resources, provided that such alterations have been reviewed for conformance with the Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings
• Mechanical equipment that does not meet certain objective development standards • Minor capital improvement projects, as defined
The Community Development Director would be authorized to refer Exempt from Design Review (Zone Clearance) and Administrative Design Review projects to the Design Review Board or Planning Commission if the Director deems it appropriate.

Staff acknowledges that some community members have expressed concern regarding the proposal to reduce the level of design review required for certain types of projects. Chief among these concerns is that decisions would be made by a single staff member rather than by the full fivemember Design Review Board or Planning Commission. Some have also noted that, as a matter of past practice at Administrative Design Review hearings, projects that generated public opposition were often referred to the Design Review Board or Planning Commission for consideration.

Staff recognizes that this practice has occurred in the past; however, it has functioned as an informal protocol rather than a codified requirement. In staff’s view, a more nuanced approach is warranted.

The presence of public opposition alone does not necessarily justify elevating a project to a higher review body. In staff’s opinion, to maintain the integrity of all discretionary reviews, the decisionmaking authority – whether an individual like the Community Development Director or their designee, or an appointed body like the Design Review Board or Planning Commission, or the City’s legislative body, the City Council – should weigh the evidence and make a decision based on the required findings. In practice, even a single opponent, regardless of the merit of their concerns, could trigger the additional time and expense associated with a review by the Design Review Board or Planning Commission, and otherwise delay a project needlessly that complies with the City’s design guidelines, General Plan, and Zoning Ordinance.

Under the current framework, the hearing administrator, serving as an independent decision-maker over Administrative Design Review applications, reviews the record and renders a determination, which is subject to appeal. This process provides an appropriate balance between efficiency and accountability.

That said, staff notes that the DR Efficiency Ordinance includes an appeal procedure that allows a member of the City Council, on his or her own initiative, to review a decision of the Community Development Director or designee by filing a written request with the City Clerk within fourteen days of the decision, in which case the “request for review” will be scheduled on the following City Council agenda for consideration as to whether the City Council should schedule a public hearing 5 of 399

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to hear the merits of the decision (which requires an affirmative majority vote of the City Council members). (See DR Efficiency Ordinance [Modifications to Section 25.05.070].) It should also be noted that the DR Efficiency Ordinance modifies the appeal procedures to establish that any decision by the Community Development Director or designee on a discretionary permit may be appealed to the Design Review Board or Planning Commission, as applicable.7 In conclusion, under the proposed ordinance, projects with a greater potential to generate neighborhood interest would continue to require review and approval by the Design Review Board or Planning Commission. The proposed ordinance reflects broader changes in State law, which increasingly favor a more objective and streamlined entitlement process, with shorter timelines for action on development applications. The ordinance is also intended to respond to longstanding concerns regarding the pace and complexity of the City’s entitlement process. In addition, Planning Division management remains concerned that, absent meaningful process improvements, the City may face increasing difficulty in recruiting and retaining planning staff. Recent changes in State housing law have contributed to a more adversarial and litigious development review environment, placing planners in an increasingly difficult position. A decade ago, these changes would not have been necessary and likely would not have been recommended by staff. Given the current legal and operational environment, however, staff is asking the City Council to reaffirm the proposed direction of the DR Efficiency Ordinance.

3. Consolidation of Design Review Criteria.

The 16 design review criteria have been consolidated into the following 10 criteria. These changes help staff operate more efficiently and reduce the potential for mistakes and delays.

1. Access

2. Design Articulation

3. Environmental Context

4. Historic Preservation

5. Landscaping

6. Lighting and Glare

7. Neighborhood Compatibility

8. Pedestrian Orientation

9. Privacy

10. View Equity
7 On May 12, 2026, staff will be presenting a draft fee schedule to the City Council for adoption, which would take effect on July 1, 2026 with the start of the new fiscal year. As discussed at the April 14, 2026 City Council study session regarding the fee schedule update, staff is proposing to increase the appeal fee. Currently, the appeal fee applies only to appeals to the City Council, as administrative decisions cannot be appealed to the Design Review Board or Planning Commission. Because a new category of appeal is proposed to be established with the DR Efficiency Ordinance, the appeal fee to the Design Review Board or Planning Commission, as appropriate, and the appeal fee to the City Council will be discussed at the separate fee schedule discussion on the agenda. 6 of 399

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This consolidation of the design review criteria will necessitate corresponding changes to the Design Guidelines - A Guide to Residential Development, which will be presented to the City Council on May 26, 2026 in conjunction with the second reading of the DR Efficiency Ordinance.

4. Other and Miscellaneous Changes.

In some cases, the City's processes can add to inefficiencies that slow project considerations. In other cases, design review criteria appear in multiple sections of the LBMC within neighborhood reference sections, where they are arguably not needed. These changes would remove duplicative language that is redundant to the design review criteria and would also re-word certain development standards and other key code provisions for clarity to improve consistency in how planning staff and design professionals are interpreting and applying requirements to projects.

5. Public Works Projects.

With labor and materials costs significantly increasing in the recent past (all indications are that this will continue), any delay or longer-term review process causes a project's budget to often be significantly below the final bid costs. As such, staff proposes the following changes:

Proposed
Item
Exempt
from
DR
Admi
n DR
DRB,
PC, or
CC
What Code
Says Now
City of Laguna Beach Public Works
Projects/ CIP Items
De Minimis. (i) Fuel modification project
or program; (ii) emergency projects; (iii)
roadway or trail improvements within
existing rights-of-way; (iv) pipeline, such
as storm drain and sewer, installation,
repair and maintenance; minor alterations
to utilities; (v) alterations and repairs to
parking lots; (vi) small habitat restoration
projects as defined in Section 15333 of the
CEQA Guidelines; (vii) sign replacements
in the same size with similar materials, at
the determination of the Community
Development Director; (viii) in kind
replacement of improvements for repair
and maintenance; (ix) similar projects as
determined by the Community
Development Director in consultation with
other affected department heads.

X
Admin DR
for repair
and
maintenance
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Minor. (i) alterations to existing facilities
resulting in exterior changes; (ii) roadway
or trail extensions within existing rightsof-way; (iii) replacement or renovation of damaged facilities or structures resulting in
exterior design changes; (iv) small
additions to existing structures resulting in
exterior changes); (v) construction or
demolition of small structures resulting in
site or building design changes; (vi) slope
and wall repair for public infrastructure.

X PC
Major. (i) New or substantial alterations to
parks, public buildings, community
facilities, reservoirs, or bridges; (ii) new or
substantial alterations to drainage
structures which involve significant
changes to grades, hillsides, habitats, or
views; (iii) street improvements which
involve substantial expansion of right-ofway, removal or existing facilities, removal of significant vegetation (unless
part of a fuel modification project or
program) and/or major changes to
community character.

PC PC
The Planning Commission has recommended that all Capital Improvement Program (“CIP”) projects, except those considered de minimis development, be presented to the Planning Commission for concept review before entitlement. If the City Council concurs, staff will prepare a resolution for consideration at the second reading that would establish a policy directing staff to present all non-de minimis CIP projects to the Planning Commission for concept review prior to entitlement.

To assist the City Council in considering this policy, staff has prepared a list of projects that would fall within the two categories requiring concept review hearings under the Planning Commission’s recommendation. These examples are based on recent or ongoing City projects processed by the Public Works Department.
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Major CIP Project Minor CIP Project
• Fire Station No. 4 – new building • Mermaid Parking Lot – new planter walls and updated landscaping
• Promenade on Forest – conversion of street
to pedestrian plaza
• Ocean Avenue and Beach Street –
pedestrian improvements including curb
bulb-outs; new landscaping
• Jahraus Park – refreshing park amenities,
including hardscape repairs, retention of
existing landscaping with more limited new
plantings, accessibility upgrades, bollard
lighting, and a new bulb-out
• Bluebird Sewer Lift Station Replacement
• New enclosed lifeguard tower
As discussed above, de minimis CIP projects would be exempt from the concept review process. These projects generally include in-kind repair and replacement work involving limited alterations, fuel modification, habitat restoration, and various utility improvements. As an alternative to the Planning Commission’s recommendation, the City Council could consider directing staff to require concept review for all major CIP projects, as well as only those minor CIP projects located within defined geographic areas that may be especially prominent or sensitive within the community, such as the Downtown Specific Plan area or beach locations.

Finally, it should be noted that any policy direction regarding concept review would serve as a baseline rather than a limitation. Staff would retain the ability to exercise judgment and discretion in bringing additional projects to the Planning Commission for concept review based on factors such as known community interest or opportunities to consider alternative design approaches—particularly for projects that are not heavily constrained by functional, operational, or technical requirements and that involve architectural design considerations rather than purely engineering elements.

FINANCIAL ANALYSIS
The recommended action has no fiscal impact on the City other than the expenditure of City staff time.

ENVIRONMENTAL ANALYSIS
The recommended action is exempt under the California Environmental Quality Act under CEQA Guidelines Section 15301 because it consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. Here, the recommended action meets the exemption because it involves processing of ordinances and other related actions that are affecting the organization and procedures within the city and modifications to some standards for existing uses that will not result in an expansion of the existing use. Upon taking the recommended action, city staff will cause to be filed within five calendar days a notice of exemption with the county and state clearinghouse.
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ATTACHMENTS

1. Design Review Efficiency Ordinance (Redlined Version) (Pgs. 11-75)

2. Chart of Design Review Efficiency Ordinance (Pgs. 76-82)

3. Efficiency Ordinance (Pgs. 83-88)

4. 3/18/26 PC Staff Report (Pgs. 89-96)

5. 3/18/26 PC Public Comments (Pgs. 97-120)

6. 3/18/26 PC-Adopted Resolution No. 2026-0381 with Exhibit A, Ordinance with Redlines Recommended by PC (Pgs. 121-191)
Submitted By: Matthew Schneider Approved: .David A Kiff Matthew Schneider, Director of
Community Development
Dave Kiff, City Manager
Report Prepared By: Coordinated With:

Anthony Viera, Deputy Director of Community
Development
Jane Abzug, Assistant City Attorney
Thomas Perez, City Engineer
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ORDINANCE NO. XXXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF LAGUNA BEACH, CALIFORNIA, AMENDING ITS

LOCAL COASTAL PROGRAM AND MUNICIPAL CODE
TO MODIFY TITLE 25 (ZONING), TITLE 21
(SUBDIVISIONS), AND TITLE 22 (EXCAVATING,

GRADING, AND FILLING) TO STREAMLINE THE
DESIGN REVIEW AND OTHER PERMIT PROCESSES;

AND FINDING SAID ACTION EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT UNDER
CEQA GUIDELINES SECTION 15301
WHEREAS, the City of Laguna Beach, California (“City”) is a municipal corporation, duly organized under the California Constitution and laws of the State of California; and WHEREAS, pursuant to the police powers delegated to it by the California Constitution, the City has the authority to enact laws which promote the public health, safety, and general welfare of its citizens; and
WHEREAS, the City is located within the California State Coastal Zone; and WHEREAS, periodically the City identifies sections of its Local Coastal Program and Municipal Code that are outdated, unclear, conflict with other Municipal Code sections, or warrant modifications to improve or enhance the functions and operations of the City; and WHEREAS, the City Council desires to amend its Local Coastal Program and Municipal Code to streamline the design review and other permit processes within the City; and WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH DOES ORDAIN AS FOLLOWS:

Attachment 1
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SECTION 1. Recitals. The recitals set forth above are true and correct and are hereby adopted as findings in support of this Ordinance as if fully set forth herein.

SECTION 2. Code Amendment. Section 25.05.015 (Form of application, fees, and permit compliance.) of Chapter 25.05 (Administration) of Title 25 (Zoning) is hereby amended to read as follows (additions shown in underline and deletion shown in strikethrough):
(A) Prescribed by the Director of Community Development. (1) The Director of Community Development shall prescribe the form and scope of all variances, changes of district boundaries or reclassifications, general plan amendments and all other planning or development applications as identified in Chapter 25.05, and of accompanying data to be furnished so as to assure the fullest practicable presentation of facts for proper consideration of the matter and for the permanent record. Forms for such purposes may be provided.
(2) Each planning and development application shall include verification by at least one of the owners of property involved or their authorized agent attesting to the truth and correctness of all facts and maps presented with such application.
(3) Applications filed pursuant to this Title shall be numbered consecutively in the order of their filing and shall become a part of the permanent official records of the Department of Community Development and shall be attached thereto and permanently filed therewith copies of all notices and actions pertaining thereto. (B) Complete Planning and Development Applications.
(1) Except as otherwise prescribed by law, Nno later than 30 calendar days after receipt of a planning or development application, the Department of Community Development shall determine whether the application is complete or incomplete.
(2) In the event an application is determined to be incomplete, the applicant shall be notified as to additional materials required to continue processing the application.
(3) Within 30 calendar days of receipt of supplemental materials requested for applications previously determined incomplete, the 12 12 of 399
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Department of Community Development shall determine whether the application is complete.
(4) A decision determining an application to be incomplete may be appealed to the City Council by the applicant. The fee for such appeal is to be determined by City Council resolution.
(C) Signatures. If signatures of persons other than the applicant are required, or offered in support of or in opposition to the application, they may be received as evidence of notice having been served upon them of the pending application or as evidence of their opinion on the pending issue, but they shall in no case infringe upon or govern in the free exercise of the powers vested in the City of Laguna Beach.
(D) Filing Fee Collection. Before accepting for filing any request or application submitted relative to Title 25 of this Code, the Department of Community Development shall charge and collect a filing fee for each such request or application as determined by resolution of the City Council to cover the cost of making maps, sending out notices, and other incidental administrative expenses involved in the handling of the matter, including written staff reports. An application cannot be deemed complete without the payment of the require application fee.
(D) Refund of Filing Fees. Refund of all or any portion of the filing fees may be ordered by the Director of Community Development.
(E) Conformance by Officials. All officials or public employees vested with the duty or authority to issue permits or licenses where required by law shall conform to the provisions of this Title.
(F) Application. The provisions of this Title shall apply to all buildings, improvements, lots and premises, or portions thereof, owned, leased, operated or controlled by the City or any Department or officer thereof, or by any other municipal or quasi-municipal corporation or government, or any Department, Board or officer thereof.
(G) Expiration of Application. If an applicant fails to provide any additional information requested by the Department of Community Development within ninety (90) days of the date the application was deemed incomplete, the application shall expire and have no force and effect, unless otherwise required by state law. After the expiration of an application, future City consideration shall require the submittal of a new, complete application and associated filing fees.
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SECTION 3. Code Amendment. Subsection (H)(1) of Section 25.05.025 (Variances) of Chapter 25.05 (Administration) of Title 25 (Zoning) is hereby amended to read as follows (additions shown in underline and deletion shown in strikethrough):
(H) Effective Date/Expiration Date.
(1) Decisions on Variance applications by the Board of Adjustment or Planning Commission, as applicable, shall become effective ten business 14 calendar days after the date of the decision, unless appealed to the City Council.

SECTION 4. Code Amendment. Subsection (I)(1) of Section 25.05.030 (Conditional Use Permits) of Chapter 25.05 (Administration) of Title 25 (Zoning) is hereby amended to read as follows (additions shown in underline and deletion shown in strikethrough):

C. Effective Date/Expiration Date.
(1) Decisions on Conditional Use Permit applications by the Planning Commission shall become effective ten business 14 calendar days after the date of the decision, unless appealed to the City Council.

SECTION 3.SECTION 5. Code Amendment. Section 25.05.040 (Design Review) of Chapter 25.05 (Administration) of Title 25 (Zoning) is hereby repealed and replaced to read as follows:

A. Intent and Purpose.
(1) The design review process is intended to achieve the following goals:
(a) That development projects comply with the applicable standards and design review findings and criteria;
(b) That development projects focus on quality designs, within a neighborhood context that results in creative design solutions for the City;
(c) That development occurs with an orderly and harmonious appearance, including associated facilities, such as signs, landscaping, and parking areas;
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(d) That the development review process considers public and private views;
(e) That public health, safety, and general welfare throughout the City is paramount;
(f) That there is effective implementation of the applicable general and specific plan policies; and
(g) That development projects comply with the policies of the certified Local Coastal Program, including, but not limited to, the shoreline access, open space, environmentally sensitive habitat, hillside protection, and visual resource policies.
(2) Approval Authority.
(a) The Design Review Board or Planning Commission, as appropriate, is the approval authority for Design Review projects identified in Section 25.05.040(B)(1).
(b) The Community Development Department is the approval authority for projects that are Exempt from Design Review (Zone Clearance), as specified in Section 25.05.040(B)(2).
(c) The Director of Community Development is the approval authority for Administrative Design Review as specified in Section

25.05.040(B)(3).
(d) The Director of Community Development, at his or her sole discretion, is authorized to refer projects that are subject to Administrative Design Review or exempt from Design Review, as specified in Sections 25.05.040(B)(3) and 25.05.040(B)(2), to the Design Review Board or Planning Commission, as appropriate. In determining whether to make such a referral, the Director may consider whether the project:
(i) Could alter significant physical characteristics within an unusually sensitive or highly visible area;
(ii) May create impacts on surrounding properties, based on staff review of the project or issues identified in prior Design Review proceedings; or
(i)(iii) Presents other circumstances that, in the Director’s judgment, warrant review by the Design Review Board or
Planning Commission.
(d)(e) Development Subject to Design Review, Exempt from Design Review (Zone Clearance), and Administrative Design Review may 15 15 of 399
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still require a Coastal Development Permit pursuant to the provisions of Chapter 25.07.

B. Development Subject to Design Review, Exempt from Design Review (Zone Clearance), and Administrative Design Review.
(1) Design Review. Design Review before the Design Review Board or Planning Commission, as appropriate, at a public hearing shall be required for the following projects:
(a) Demolition, alteration, or reinforcement, or addition, that constitutes a major remodel. A landscape plan and an exterior lighting plan is required for such major remodel;
(b) All new buildings, except as otherwise provided in Section

25.05.040(B)(2) relating to ADUs and new primary dwelling units.

A landscape plan and an exterior lighting plan is required for new buildings under this subsection;
(c) Any improvement that exceeds a height of 15 feet, measured in accordance with the definition of “Height, building” in Chapter

25.08 (from the finished floor or from natural or finished grade, whichever is more restrictive or lower). A landscape plan and an exterior lighting plan is required for such improvement; (d) Major modifications, alterations, or other actions pertaining to historic resources that do not qualify for administrative approval under Section 25.05.040(B)(3);
(e) Any development in an environmentally sensitive area, unless a licensed professional has determined, subject to peer review, that the proposed development does not impact the environmentally sensitive area;
(f) Grading in excess of 20 cubic yards outside the building footprint, except as specified in Section 22.10.010(e);
(g) Retaining walls in excess of 5 feet in exposed height; (h) Clearing of native vegetation on undeveloped parcels and undeveloped portions of developed parcels, and native vegetation restoration plans, except for City required annual weed abatement and fuel modification;
(i) Shoreline and bluff protective devices;
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(j) Portable and in-ground Sswimming pools and spas more than 3 feet above adjacent, legal ground elevation, except for portable spas that do not exceed 600 gallons;
(k) New vehicular access to streets or alleys, including the widening of an existing driveway at the street to a width greater than the minimum required by Section 25.52.008(I)(2);
(l) Commercial or industrial parking and loading areas; (m) Permanent chain link or similar type of woven metal fences, and vinyl fences that do not simulate natural material;
(n) Trash storage or enclosures, except as provided in Section

25.05.040(B)(2) and Section 25.05.040(B)(3);
(o) Major Capital Improvement Project, which means a project undertaken by the City that is determined by the Community Development Director, in consultation with other affected department heads, to require review by the Planning Commission prior to approval by the City Council of design and/or construction documents, based on the project’s proposed scope in terms of environmental, aesthetic, and/or land use effects on the community.

Typical examples of a Major Capital Improvement Project include, but are not limited to, the following:
(i) New or substantial alterations to parks, public buildings, community facilities, reservoirs, or bridges;
(ii) New or substantial alterations to drainage structures which involve significant changes to grades, hillsides, habitats, or views;
(iii) Street improvements which involve substantial expansion of right-of-way, removal of existing facilities, removal of significant vegetation (unless part of a fuel modification project or program) and/or major changes to community
character;
(iv) Design programs for city-wide features which are visible to the general public and contribute to community character, including but not limited to beach and park accessways, promenades, bridges, trails, and the City-owned property, where Festival of Arts and Pageant of the Masters is hosted. (2) Exempt from Design Review (Zone Clearance). The following types of projects shall require the issuance of zone clearance in compliance with 17 17 of 399
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Chapter 25.05.045, rather than design review. For avoidance of doubt, the zone clearance process shall not be used for any of the below projects that are on a lot withinin an environmentally sensitive area (unless a licensed professional has determined, subject to peer review, that the proposed development does not impact the environmentally sensitive area); such projects are subject to Design Review under (B)(1).
(a) Demolition, alteration, or reinforcement, or addition, that does not constitute a major remodel;
(b) An improvement that does not exceed a height of 15 feet, measured in accordance with the definition of “Height, building” in Chapter

25.08 (from the finished floor or from natural or finished grade, whichever is more restrictive or lower);
(c) In-kind replacement of improvements for repair and maintenance; (d) Interior modifications to existing structures that do not modify the exterior of such structures;
(e) Re-roofing of buildings or structures which do not result in white or light colored roofs, provided there are no changes to the dimensions, square footage, or roof pitch, and which will not result in glare through the use of materials, such as asphalt shingles or stainless steel, both at the determination of the Community Development Director;
(f) Annual weed abatement;
(g) Fuel modification project or program;
(h) Accessory dwelling units, only as set forth in Chapter 25.17; (i) Grading of 20 cubic yards or less outside the building footprint, except as specified in Section 22.10.010(e);
(j) Retaining walls 5 feet or less in exposed height;
(k) Hardscape that does not increase impervious surfaces, or that is proposed to comply with applicable fire prevention standards as determined by the Fire Official, and complies with all other applicable provisions of this chapter;
(l) Fences, walls and hedges that comply with Section 25.50.012 ("Fences, walls, hedges, latticework and screens"). For avoidance of doubt, this excludes permanent chain link or similar type of woven metal fences, and vinyl fences that do not simulate natural material, which are subject to design review under (B)(1);
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(m) Decks, slabs, terraces, or patios elevated 3 feet or less above the adjacent, legal ground elevation;
(n) Landscaping of any vegetation, plants, bushes, or trees within the buildable area that is less than 15 feet at maintained height when measured from ground elevation adjacent to the location of the vegetation, plant, bush, or tree, provided that the plans identify and require that the landscaping is to be maintained at or below the heights reflected in the plans;
(o) Landscaping of any vegetation, plants, bushes, or trees in the rear or side yard at less than 6 feet at maintained height and in the front yard at less than 4 feet at maintained height when measured from the ground elevation adjacent to the location of the vegetation plant, bush, or tree, provided that the plans identify and require that the landscaping is to be maintained at or below the heights reflected in the plans;
(p) Artwork approved through the procedures outlined in Chapter 1.09 ("Art in Public Places");
(q) Trash storage within the side yard when screened from public view by a wall or fence at least 4 feet in height and does not impact required access for the property;
(r) Railings;
(s) Skylights with operable automatic night shades;
(t) Portable and in-ground Sswimming pools and spas no more than 3 feet above adjacent, legal ground elevation, and portable spas that do not exceed 600 gallons;
(u) Water features;
(v) Mechanical equipment, including, but not limited to, air conditioners and pool/spa equipment, that meet the requirements of Section 7.25.130(c);
(w) Above-ground utility structures, which are below 4 feet in height when measured from adjacent, legal ground elevation, when incorporating colors, finishes, and landscaping to minimize visual impact, as determined by the Community Development Director, provided that the plans identify and require that the landscaping is to be maintained at or below the heights reflected in the plan and not to exceed the height of such above-ground utility structures; 19 19 of 399
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(x) Temporary on-grade removable accessory structures used as play sets, swing sets, other similar unenclosed recreation equipment, and storage sheds provided that:
(i) the structure does not exceed 120 square feet in size, (ii) the height is less than 12 feet above adjacent, legal ground elevation, and
(iii) minimum required setbacks of the underlying zone are met unless it receives administrative design review approval; (y) Certain telecommunication facilities subject to the provisions of Chapters 11.06 and 25.55;
(z) New primary dwelling units that comply with all applicable objective development standards of this Zoning Code and the following requirements; provided, however, that is there is a conflict between the Zoning Code and the following requirements, the following requirements prevail as they are more restrictive in nature.

A landscape plan and an exterior lighting plan are required for new units under this subsection. Note that other structures and site improvements proposed at the same time as the primary dwelling unit may require design review in accordance with Sections

25.05.040(B)(1) and 25.05.040(B)(3). Projects that meet the objective development standards and are therefore not subject to Design Review may still require a Coastal Development Permit. (i) Building Height. The height does not exceed a height of 15 feet and a single story, measured in accordance with the definition of “Height, building” in Chapter 25.08 (from the finished floor or from natural or finished grade, whichever is more restrictive or lower).
(ii) Yards.
(1) Side Yards. The side yard setbacks are at least 20% greater than the requirement imposed by the
underlying zone. No redistribution of the required
side yards shall be permitted.
(2) Front and Rear Yards. The front and rear yard
setbacks are at least 20% greater than the
requirements imposed by the underlying zone.

Reduced building setbacks in accordance with
Section 25.50.004(E) shall not be permitted.
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(3) In any case where a special subdivision map building setback applies, the building setback shall be at least 20% greater than that requirement.
(3)(4) Permitted projections into required yards in
accordance with LBMC Section 25.50.008 shall be
measured from the setbacks indicated by subsections
(1) – (3), directly above.
(iii) Landscaping. Landscaping of any vegetation, plants, bushes or trees within the buildable area shall not exceed 15 feet at maintained height when measured from the adjacent, legal ground elevation. Within the rear and side yards, such
vegetation shall not exceed a maintained height of 6 feet, or 4 feet within the front yard.
(iv) Lighting. Exterior lighting must be fully shielded and aimed downward.
(v) Roof Decks. The primary dwelling unit does not include a roof deck. For purposes of this subsection, a "roof deck" is defined to mean a deck above the building.
(aa) De Minimis Capital Improvement Projects. For purposes of this subsection, capital improvement projects undertaken by the City may be deemed de minimis and subject to zone clearance pursuant to the Zoning Code based on the project’s proposed scope in terms of environmental, aesthetic, and/or land use effects on the community, or are emergency projects determined by the
Community Development Director to be necessary to preserve the health, safety, or welfare of the community. Examples of de minimis capital improvement projects include but are not limited to the following:
(i) Fuel modification project or program;
(ii) Emergency projects;
(iii) Roadway or trail improvements within existing rights-ofway; (iv) Pipeline, such as storm drain and sewer, installation, repair and maintenance; minor alterations to utilities;
(v) Alterations and repairs to parking lots;
(vi) Small habitat restoration projects as defined in Section 15333 of the CEQA Guidelines;
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(vii) Sign replacements in the same size with similar materials, at the determination of the Community Development Director; (viii) In kind replacement of improvements for repair and maintenance;
(ix) Similar projects as determined by the Community
Development Director in consultation with other affected department heads.
(3) Administrative Design Review. Administrative Design Review before the Community Development Director or designee shall be required for the following projects and as set forth below:
(a) The following projects are subject to the administrative design review process. For avoidance of doubt, the administrative design review process shall not be used for improvements that are on a lot withinin an environmentally sensitive area (unless a licensed professional has determined, subject to peer review, that the proposed development does not impact the environmentally sensitive area); such improvements are subject to design review under (B)(1).
(i) Landscaping of any vegetation, plants, bushes, or trees within the buildable area that is 15 feet or higher at
maintained height when measured from the ground elevation adjacent to the location of the vegetation, plant, bush, or tree; (ii) Landscaping of any vegetation, plants, bushes, or trees in the rear or side yard at 6 feet or higher at maintained height and in the front yard at 4 feet or higher at maintained height when measured from the ground elevation adjacent to the location of the vegetation plant, bush, or tree;
(iii) Decks, slabs, terraces, or patios elevated more than 3 feet above the adjacent, legal ground elevation;
(iv) Minor alterations to historic resources consisting of replacement or modification of doors and windows; the
addition of first floor porches and decks; the replacement of roofing material or building siding; minor improvements to landscaping, hardscape, walls, fences, arbors, and other landscape features; and similar minor site or building
alterations, provided that any such alteration has been reviewed for conformance with the Secretary of the
Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, 22 22 of 399
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and Reconstructing Historic Buildings (1995, Weeks and
Grimmer), as amended from time to time, as determined by the Community Development Director, or other similar
generally accepted resource, as determined by the
Community Development Director;
(v) Mechanical equipment, including, but not limited to, air conditioners and pool/spa equipment that do not meet the requirements of Section 7.25.130(C);
(vi) Additional covered or tandem parking as specified in Section

25.52.012(G);
(vii) Decorative features such as fence posts, brick or stone columns which may extend up to twelve inches above the
maximum allowable height within the front yard;
(viii) Revocable Encroachment Permits when not associated with a project requiring a Design Review Board or Planning
Commission decision;
(ix) Re-roofing of buildings or structures which result in white or light colored roofs and which may result in glare through the use of materials, such as asphalt shingles or stainless steel, both at the determination of the Community
Development Director;
(x) Roof alterations that change the dimensions, square footage, or roof pitch;
(xi) Detached fireplaces;
(xii) Skylights without operable automatic night shades; (xiii) Telecommunication facilities subject to the provisions of Chapters 11.06 and 25.55 unless otherwise exempt;
(xiv) Above-ground utility structures, which are four 4 or higher in height when measured from adjacent, legal ground
elevation;
(xv) Trash storage located within the front yard setback, screened from public view by a wall or fence 4 feet in height (3 feet on a corner lot) and not impacting required access for the property;
(xvi) Extensions of time for design review permits;
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(xvii) Minor Capital Improvement project, which means a project undertaken by the City that may be reviewed and approved administratively, based upon a determination by the
Community Development Director, in consultation with
other affected department heads, based on the project’s proposed scope in terms of environmental, aesthetic, and/or land use effects on the community. Typical examples of
minor capital improvement projects include, but are not limited to the following:
(1) Alterations to existing facilities resulting in exterior design changes;
(2) Roadway or trail extensions within existing rightsof-way; (3) Replacement or renovation of damaged facilities or
structures resulting in exterior design changes;
(4) Small additions to existing structures resulting in exterior design changes;
(5) Construction or demolition of small structures
resulting in site or building design changes; and
(6) Slope and wall repair for public infrastructure.
(b) Except for decks, slabs, terraces, or patios elevated more than 3 feet above the adjacent, legal ground elevation (Section

25.05.040(B)(3)(a)(iii)) and minor alterations to historic resources (Section 25.05.040(B)(3)(a)(iv)), the Community Development Director may waive the requirement for a public hearing on a design review permit for the projects identified in Section

25.05.040(B)(3)(a), when no other entitlement is required, if all of the following occur:
(i) Notice is mailed or delivered to all persons and agencies required to be notified Section 25.05.065. The notice shall contain all of the information required in Section 25.05.065.

In addition, the notice of waiver of public hearing for the pending action shall contain all of the following:
(1) A statement that a public hearing will be held upon the written request of any person provided that such
request is received by the Department within fifteen
(15) working days from the date of sending the
notice;
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(2) The date of the notice;
(3) A statement that the project is appealable to the City Council;
(4) The final date to submit a request for a hearing;
(5) The date the design review permit will be granted if there is no hearing;
(6) A project description and a statement of why the
project qualifies for a waived public hearing;
(7) A statement that failure by a person to request a
public hearing may result in the loss of that person's
ability to appeal to the City Council any action taken
by the City on such design review application;
(8) A statement that the project plans are available at the Community Development Department for inspection
during normal operating hours of the City.
(ii) Publication of Notice. The City shall publish a notice to issue administrative design review permit not requiring a public hearing one time at least ten days before the end of the public comment period. Such notices shall contain all the
information required in subsections (B)(3)(b)(i)(1) through (B)(3)(b)(a)(8) of this section above and Section 25.07.014.

Such notices shall be published online on the City's website or in a newspaper with general circulation in the City. (iii) If no request for public hearing is received by the Community Development Department within fifteen (15)
working days from the date of sending the notice pursuant to subsection (B)(3)(v)(ii) of this section, the permit is deemed approved.
(iv) An appeal of a decision on an administrative design review application is subject to the provisions of Section 25.05.070. (c) Upon receipt of a request for a hearing, or in the Community Development Director’s discretion not to waive the public hearing requirement, the Community Development Department shall schedule the matter for a public hearing and issue notice of such hearing consistent with the provisions of Section 25.05.065 and shall be subject to the following process:
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(i) Staking Requirements for Administrative Design Review. If the Director of Community Development or his or her
designee otherwise determines that a project should be
staked, the staking requirements of subsections (C)(2) of this section shall be followed, except that the construction and certification of the staking shall be completed at least 14 calendar days prior to the public hearing.
(ii) Deliberation and Action on Administrative Design Review Applications. The Director of Community Development or
his or her designee shall conduct a public hearing for the designated administrative design review projects. After consideration of all testimony and evidence presented at the public hearing and the Design Review Findings specified in subsection (I) of this section, the Director of Community Development or his or her designee shall either approve, conditionally approve, or deny the application in writing. An appeal of a decision on an administrative design review application is subject to the provisions of Section 25.05.070, and Section 25.07.016 when a coastal development permit is required.

C. Application. Application for design review shall be made by a property owner or authorized agent. Applications shall contain such information as prescribed by the Director of Community Development.
(1) Early Neighbor Communication. The applicant shall communicate with owners of property within 300 feet of the applicant's property notifying them of the proposed project. Such communication should take place prior to deciding on a final design to help resolve potential conflicts.

Communication efforts shall include notification mailed to all property owners within 300 feet of the applicant's property. The noticing must be prepared and mailed by a professional listing service. Certification to the accuracy, completeness of the list, and date the notice was mailed is required to be provided by the company, along with a copy of the materials sent. Early neighbor communication must be completed prior to being scheduled for a hearing date. The following information shall be included in the early neighbor notification notice:
(a) Applicant contact information.
(b) Location of the proposed project.
(c) A description of the proposed project.
(d) Information on how to participate in the design review process. 26 26 of 399
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(2) Staking Requirements.
(a) A staking plan shall be prepared as specified on the most current zoning and design review submittal checklist. Staking poles and connecting ribbons, which accurately represent the full extent of the proposed structure, including decks and eaves, shall be constructed at least 21 calendar days prior to the first public hearing. At least 21 calendar days prior to the first public hearing, the location and height of the staking poles must be certified as accurate by a registered land surveyor or registered civil engineer licensed to conduct land surveys in the State of California. If complete and certified project staking is not in place at least 21 calendar days prior to the first Design Review Board or Planning Commission public hearing date or 14 calendar days prior to the administrative design review public hearing, the project shall be continued to a later date. Neither the applicant, a relative of the applicant, nor any other person possessing a financial interest in the property or the project may certify the location and height accuracy of the staking poles. If the project is modified during the design review process because of a view consideration, privacy or other concerns that the design review authority determines is necessary to restake, the project shall be restaked and re-certified at least 14 calendar days prior to any subsequent public hearing.
(b) Staking poles shall be removed by the applicant within 20 calendar days after the City’s final decision on the design review application, after all local appeals are exhausted. The applicant's failure to remove the staking poles within the prescribed time period shall result in any remedies at law, including but not limited to code enforcement remedies.
(3) Biological Report Requirements. Prior to deliberation and action on a design review application, the applicant shall submit a biological report that is prepared by a professional in the fields of wildlife biology or botany for any proposal to clear native vegetation on undeveloped parcels that are located within or adjacent to areas designated high or very high value on the city's biological values maps and any other areas that contain environmentally sensitive habitat resources except for annual weed abatement and approved fuel modification programs.
(4) Fire Safety Standards Review. Prior to deliberation and action on a design review application for new construction and major remodels, the Fire Department or Building Division of the Community Development Department, as applicable, shall serve as the review authority for purposes of reviewing and approving or conditionally approving applications, including proposed fuel modification programs. Fuel modification programs or Alternative Materials and Methods (AM&Ms) requests, when 27 27 of 399
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determined necessary by the applicable review authority, are required for any parcel having an "FM"—Fuel Modification designation or Very High Fire Hazard Severity Zone on the City's Geographic Information Mapping system. The Cal Fire-designated Very High Fire Hazard Severity Zone is an overlay zone, and does not change the underlying zoning of Title 25. The review authority’s conditions of approval relating to public safety may not subsequently be modified by the design review authority without the review and approval of the Fire Department or Building Division of the Community Development Department, as applicable.

D. Filing Fee. Prior to accepting an application, the Department of Community Development shall charge and collect a filing fee as determined by resolution of the City Council.

E. Public Notice. Public notice shall be subject to the provisions of Section 25.05.065, except that if a Coastal Development Permit is required pursuant to Chapter 25.07, noticing for that type of permit shall instead be carried out through the public notice provisions of Section 25.07.014.

F. Deliberation and Action on Applications.
(1) The authorities responsible for reviewing and making decisions on design review applications under Section 25.05.040(B)(1) are as follows:
(i) The design review board shall conduct a noticed public hearing on design review applications for all single-family or two-family developments, including associated public right-of-way improvements.
(ii) The planning commission shall conduct a noticed public hearing on all other design review applications, including but not limited to: residential development of three-families or more, all projects located in the downtown specific plan area, all non-residential development, public works projects, and projects for which the planning commission is the
primary discretionary review authority, such as approval of a conditional use permit.
(2) Upon the conclusion of the public hearing on a design review application, and the consideration of all testimony and evidence presented at the public hearing, the approval authority shall approve, conditionally approve or deny the application. Determinations of design review applications shall be by majority vote of the voting members of the approval authority present. (3) The approval, conditional approval, or denial of design review applications by the approval authority shall be based upon the design review findings set forth in subsection (I) this section. Additional findings and review criteria 28 28 of 399
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are specified in Section 25.07.012(F) and (G) when an associated Coastal Development Permit is required. Additional review criteria contained in specific plans and/or zoning overlays shall apply to projects located in areas covered by any such specific plans and/or zoning overlays. (4) The approval, conditional approval or denial of design review applications by the approval authority shall be accompanied by written findings correlated with the design review findings set forth in subsection (I). Section

25.07.012(G) requires written findings to be made when approving or conditionally approving an associated Coastal Development Permit. (5) Written notice of the approval, conditional approval or denial of design review applications shall be provided to the applicant or authorized agent within 14 calendar days of the date of the decision of the approval authority. (6) Landscaping Conditions. The approval authority shall condition all landscaping approvals with maintained growth height limits for all vegetation that potentially impacts views. The landscaping shall be installed in accordance with the approved landscape plans. Thereafter, the landscaping shall be continuously maintained (including replanting, as necessary) in compliance with the approved landscaping plans, unless such plans are subsequently modified pursuant to Section 25.05.060. Certain landscaping is subject to zone clearance pursuant to subsection (B)(2) of this section and must be maintained at approved heights. (7) Applications for design review approval constitute applications for a "permit" as that term currently is used in California Government Code Section 65009(c)(1), and as hereafter may be amended.

G. Design Guidelines. "Design Guidelines" is a publication that has been developed by the City to assist designers in understanding the Design Review criteria. These guidelines complement the zoning regulations provided for in this Title by providing conceptual examples of potential design solutions and design interpretations. The guidelines are general and may be utilized with flexibility in their application to specific projects.

H. Design Review Criteria. The design review criteria are as follows:
(1) Access. Conflicts between vehicles, pedestrians and other modes of transportation should be minimized by specifically providing for each applicable mode of transportation. Handicapped access shall be provided as required by applicable statutes.
(2) Design Articulation. Within the allowable building envelope, the appearance of building and retaining wall mass should be minimized.

Articulation techniques including, but not limited to, separation, offsets, 29 29 of 399
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terracing and reducing any one element of the structure into smaller components, may be used to reduce the appearance of mass. (3) Environmental Context. Development should preserve and, where possible, enhance the City's scenic natural setting. Natural features, such as existing heritage trees, rock out-cropping, ridgelines, and significant watercourses should be protected. Existing terrain should be utilized in the design and grading should be minimized except when necessary to balance other design review criteria.
(4) General Plan Compliance. The development shall comply with all applicable policies of the general plan, including all of its elements, applicable specific plans, and the certified local coastal program. (5) Historic Preservation. Destruction, alteration, or other actions pertaining to historic resources must be consistent with Chapter 25.45. (6) Landscaping. Landscaping shall be incorporated as an integrated part of the structure's design and relate harmoniously to neighborhood and community landscaping themes. View equity shall be an important consideration in the landscape design. The relevant landscaping guidelines contained in the City's "Landscape and Scenic Highways Resource Document" should be incorporated, as appropriate, in the design and planned maintenance of proposed landscaping.
(7) Lighting and Glare. Adequate lighting for individual and public safety shall be provided in a manner which does not significantly impact neighboring properties. Reflective materials and appurtenances that cause glare or a negative visual impact (e.g. skylights, white rock roofs, high-gloss ceramic tile roofs, reflective glass, etc.) should be avoided or mitigated to a level of insignificance in those locations where those surfaces are visible from neighboring properties.
(8) Neighborhood Compatibility. Development shall be compatible with the existing development in the neighborhood and respect neighborhood character. Neighborhood character is the sum of the qualities that distinguish areas within the City, including historical patterns of development (e.g., structural heights, mass, scale or size), village atmosphere, landscaping themes and architectural styles. (9) Pedestrian Orientation. Commercial and mixed-use with commercial development design shall maintain, to the maximum extent possible, the existing pedestrian orientation and improve upon it, when feasible. Design techniques that support a pedestrian orientation may include articulated building masses, frequent building entrances, display windows near the sidewalk, outdoor activity spaces, and appropriate use of landscaping and lighting. Blank walls should be avoided, to the maximum extent feasible. 30 30 of 399
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Commercial development design shall enhance and encourage pedestrian uses. Incorporation of articulated building masses, compact open spaces and courtyards, mixed use developments, use of landscaping as part of design, and orientation to pedestrian access should be maximized to the extent feasible.
(10) Privacy. The placement of activity areas (e.g., decks, picture windows and ceremonial or entertainment rooms) in locations that would result in a substantial invasion of privacy of neighboring properties should be minimized.
(11) View Equity. The development, including its landscaping, shall be designed to protect existing views from neighboring properties without denying the subject property the reasonable opportunity to develop. View equity is intended to balance preservation of views with the right to develop property.

I. Design Review Findings. In order to approve a design review permit application, the reviewing authority shall make all of the following findings:
(1) The proposed design of the project complies with all applicable provisions of the Laguna Beach Municipal Code; and
(2) The physical improvements and site developments are designed and located in a manner that achieves consistency with the design review criteria specified in Section 25.05.040(H).

J. Appeals. Appeals of the design review authority are subject to the provisions of Section

25.05.070, and Section 25.07.016 when a Coastal Development Permit is required.

K. Effective Date/Expiration Date.
(1) A Design Review decision shall become effective 14 calendar days after the date of the decision, unless appealed to the City Council. (2) Design Review approval shall lapse and become void two years following the effective date if the privileges authorized by design review are not executed or utilized or, if construction work is involved, such work is not commenced within such two-year period and diligently pursued to completion.
(3) The Director of Community Development or his or her designee may grant approval, through the administrative design review process, a two-year extension of time and, after that initial extension of time, a final one-year extension of time. Such time extensions shall be requested in writing by the applicant or authorized agent prior to the expiration of the beginning twoyear approval period or a subsequently approved extension of time. 31 31 of 399
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(4) Extension of Time Findings. An extension of time of the beginning twoyear approval period may be granted by through the administrative design review process, if each of the following findings can be made:
(a) The zoning codes or standards applicable to the circumstances of the originally approved design review have not materially changed; and (b) The neighborhood character has not changed so as to be materially inconsistent with the findings made when design review was originally approved.

L. Reapplication Waiting Period. After denial of a project, no design review application for a project located on the same parcel or building site may be filed or accepted for filing for six months.

A proposed development that has no variances from the Zoning Code does not have any presumptive development right or “entitlement.”
SECTION 4. Code Amendment. Chapter 25.05 (Administration) of Title 25 (Zoning) is hereby amended to add Section 25.05.045 (Zone Clearance) to read as follows:

Section 25.05.045 (Zone Clearance)
(A) Purpose. Zoning clearance is the procedure used by the City to verify that a proposed use or structure complies with the activities allowed in the applicable zoning district and the development standards and other provisions of this Zoning Code.
(B) Applicability. Where this Zoning Code requires a zoning clearance as a prerequisite to establishing a use or structure, a zoning clearance shall be required at the time of the Department’s review of any of the following:
(1) Initiation of a Use. A zoning clearance shall be obtained before the initiation or commencement of any use of land not requiring the construction of a structure.
(2) Change of Use. Whenever a use is proposed to be changed or intensified, whether or not the new or intensified use involves a new lessee, operator, or owner, a zoning clearance shall be obtained.
(3) Building Permit, Grading Permit, or Other Construction Permit. A zoning clearance shall be obtained before the City issues a new or modified building permit, grading permit, or other construction-related permit 32 32 of 399
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required for the alteration, construction, modification, moving, or reconstruction of any structure.
(C) Review and Approval
(1) The Community Development Department shall issue the zoning clearance after first determining that the request complies with all Zoning Code provisions and other adopted criteria and policies applicable to the proposed use or structure.
(2) An approval may be in the form of a stamp, signature, or other official notation on approved plans, a letter to the applicant, or other certification, at the discretion of the Community Development Director. (3) Appeals. The Department’s action on a zone clearance request may be appealed to the City Council in compliance with Section 25.05.070, unless said zoning clearance is for ministerial approval in which case the Director is the final review authority.
(4) Coastal Development Permit. A coastal development permit may still be required in accordance with Chapter 25.07.

SECTION 5. Code Amendment. Chapter 25.05 (Administration) of Title 25 (Zoning) is hereby amended to add Section 25.05.060 (Subsequent Modification to Approved Permits) to read as follows:

Section 25.05.060 (Subsequent Modification to Approved Permits). (A) Subsequent Modification to Coastal Development Permits. (1) After a coastal development permit has been approved, modification of the approved plans and/or any conditions imposed, including additions or deletions, are subject to review in accordance with Chapter 25.07 (Coastal Development Permits), including Section 25.07.012(I) and Section

25.07.016(C).
(B) Subsequent Modification to Other Approved Permits.
(1) Development or a use authorized through an administrative use permit, variance, conditional use permit, temporary use permit, and design review permit issued by the City in compliance with the City’s Code shall be established only as approved by the review authority, and in compliance with any conditions of approval, except where a change to the project is approved in compliance with this section.
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(2) Application. An applicant shall request a proposed change in writing and shall also furnish appropriate supporting information and materials explaining the reasons for the request.
(3) Minor Changes Approved by the Community Development Director without a Public Hearing.
(i) The Community Development Director may authorize minor changes to an approved permit without a public hearing, where the Director first finds that the changes:
a. Are consistent with the requirements of the City’s Zoning Code; and
b. Do not involve a feature of the project that was a basis for findings for an exemption, negative declaration, mitigated negative declaration, or environmental impact report for the project; and
c. Do not involve a feature of the project that was specifically addressed or was the subject of a condition(s) of approval for the project or that was a specific consideration by the applicable review authority in the project approval; and d. Do not result in an expansion or change in operational characteristics of the use; and
e. Do not alter the facts in support of the findings required by Section 25.07.012(G).
(ii) The Director may choose to refer any requested change to the original review authority for review and final action.
(C) Changes to Other Permits Approved by the City.
(1) Changes Approved by Original Review Authority. A proposed change that does not comply with the criteria identified in subsection (B)(3) of this section (Minor Changes Approved by the Director without a Public Hearing) may only be approved by the original review authority for the project through a new permit application filed and processed in compliance with the application provisions of Chapter 25.05.
(2) Conditions. If a proposed change is approved by the reviewing body, all terms and conditions of the original approval shall remain in effect, unless specifically removed or modified by the reviewing body. If a proposed change is denied by the reviewing body, the terms and conditions of the original permit shall remain in effect.
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SECTION 6. Code Amendment. Subsection (C) of Section 25.05.065 (Public Notice) is hereby amended to read as follows (additions shown in underline and deletion shown in strikethrough):

Section 25.05.065 Public Notice.
. . .
(C) Content of Public Hearing Notices. All public hearing notices that are mailed, posted or published for a proposed project shall contain the information listed below.
(1) Time, date, address and location of the hearing;
(2) Name of the approval authority holding the hearing; (3) A description of the proposed development and its proposed location; (4) The environmental determination;
(5) The name, title, telephone and email address of a staff contact person; (6) All case numbers for the proposed development related project case numbers, and project name, if any;
(7) The project applicant’s name;
(8) A statement, if applicable, of whether the proposed project is located within the coastal zone and appeal procedure; see the coastal development permit noticing requirements specified in Section 25.07.014, and Section

25.07.020 for emergency coastal development permit.

SECTION 7. Code Amendment. Subdivision (E) of Section 25.05.065 (Public Notice) of Chapter 25.05 (Administration) of Title 25 (Zoning) is hereby amended to read as follows (additions shown in underline and deletion shown in strikethrough):
(E) Posting of Public Hearing Notices. Notice of a public hearing shall be posted in three public places within the City, including on the project site, not less than ten calendar days prior to the date of the public hearing for administrative use permit, conditional use permit, design review, general plan amendment (for specific property), heritage tree, revocation, rezone, street abandonment, subdivision 35 35 of 399
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(parcel or tentative tract map), temporary use permit (decided by the planning commission) and variance applications.

SECTION 8. Code Amendment. Section 25.05.070 (Appeals and Requests for Review of Decisions) is hereby repealed and replaced with the following:

Section 25.05.070 Appeals and Requests for Review.
(A) Purpose. It is the intent and purpose of this section to provide standardized procedures for appeals and requests for review with respect to planning and development applications and requests.
(B) Allowed Appeals.
(1) Community Development Director Decisions.
(i) Any decision by the Community Development Director or designee on a ministerial permit may be appealed to the Planning Commission or Design Review Board, as applicable, provided that the only allowed grounds for appeal shall be that the decision of the Community Development Director or designee has not complied with the applicable provisions of this Zoning Ordinance. Appeals of any determinations and requirements regarding coastal development permit processing, including exemptions, determinations relative to appealable development, etc. shall be as described in Chapter 25.07. (ii) Any decision by the Community Development Director or designee on a discretionary permit may be appealed to the Planning Commission or Design Review Board, as applicable. Appeals of any determinations and requirements regarding coastal development permit processing, including exemptions, determinations relative to appealable development, etc. shall be as described in Chapter 25.07. (2) Planning Commission and Design Review Board Decisions. Any decision rendered by the Planning Commission and Design Review Board may be appealed to the City Council. Similarly, any decision rendered by a board, committee, or commission appointed by the City Council will be processed in the same manner as set forth herein for the Planning Commission and Design Review Board decisions. Appeals of any determinations and requirements regarding coastal development permit processing, including exemptions, determinations relative to appealable development, etc. shall be as described in Chapter 25.07.
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(3) Requests for Review. On its own initiative, the City Council may review any decision rendered by the Community Development Director, Planning Commission, or Design Review Board as follows:
(i) Decision to Review
a. One Council member may initiate review of a Community Development Director or Planning Commission/Design
Review Board decision, respectively, by filing a written request with the City Clerk, within 14 calendar days after the date of the decision.
b. The Council shall consider the “request for review” at its next regularly scheduled meeting.
c. If the Council votes to review the decision, a subsequent review hearing shall be scheduled to consider the merits of the review. Either action shall require an affirmative
majority of the legislative body vote.
d. Where the City is the applicant or affected property owner, the City Manager may initiate proceedings for review of the decision or determination by written request to the City Clerk within 14 calendar days of the decision or
determination.
(ii) Applicant Notification. At the time the review body votes to initiate review, the applicant shall be informed of the aspects of the application and the decision that the review authority will consider. (iii) Notice of Hearing. Notice of the hearing shall be provided and the hearing shall be conducted in compliance with Section 25.05.065. (iv) A request for review shall not require any statement of reasons from the member(s) calling for review and therefore shall not represent support of or opposition to an application. No fee shall be required for a request for review. There shall be a presumption that the reason for the request is that the application may be of significant concern to the community or significant importance to the quality of life within the community and/or applicable land use policies and regulations. There shall be no inference or implication of bias or prejudgment due to a request for review being filed.
(C) Filing and Processing of Appeals.
(1) Form of Appeal and Timing.
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(i) Appeals, other than City Council review, shall be submitted in writing and filed with the Community Development Department or City Clerk, as applicable, on a City application form, within 14 calendar days after the date the decision is rendered by the Community Development Director or Planning Commission/Design Review Board.
(ii) Appeals to the Planning Commission/Design Review Board and City Council shall include a statement specifying the basis for the appeal and the specific aspect of the decision being appealed. (2) Filing Fees.
(i) Appeals shall be accompanied by the filing fee set by the City Council’s Fee Resolution when the application is filed with the Community Development Department or City Clerk, as applicable.

No appeal shall be accepted or deemed filed unless such payment is made.
(ii) Where more than one appeal is allowed, and if more than one appeal is filed, then following the filing expiration date for appeals, the City Clerk shall prorate the required appeal fee among the total number of appeals and refund the excess amount paid by each appellant. (iii) The Community Development Director is authorized to waive the filing fee for appeals upon a showing of good cause.
(3) Effect of Filing. The filing of an appeal in compliance with this Chapter shall have the effect of suspending the effective date of the decision being appealed, and no further actions or proceedings shall occur in reliance on the decision being appealed except as allowed by the outcome of the appeal. (4) Notice to Applicant. If the appellant is not the applicant, a copy of the appeal shall be provided to the applicant within seven days of its filing. (5) Report and Scheduling of Hearing. When an appeal has been filed, the Community Development Director shall prepare a report on the matter. The City shall schedule the matter, in its sole discretion, within ninety (90) days of the filed appeal, for consideration by the appropriate appeal body identified in Section 25.05.070(B). All appeals shall be considered during public hearings with notice provided in compliance with subsection (C)(6).

The City may consolidate hearings on all timely filed appeals for the same project.
(6) Notice Requirements. Public notice of the hearing for the appeal or request for review shall be subject to the provisions of Section 25.05.065, except that the public notice for appeals of Coastal Development Permits shall be 38 38 of 399
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instead carried out through the public notice provisions of Section

25.07.014.
(7) Withdrawal of Appeal. Once filed, an appeal may only be withdrawn by a written request submitted to the Community Development Director, with the signatures of all persons who filed the appeal.
(D) Hearing on Appeal.
(1) Upon the hearing of an appeal, the Planning Commission/Design Review Board, shall conduct a de novo hearing on the underlying application but shall be limited to the grounds specifically stated in the notice of appeal, if an appeal was filed. The Planning Commission/Design Review Board shall exercise its independent judgment as to the evidence. Nevertheless, there shall be a presumption that the decision or determination made by the approval authority was reasonable, valid, and not an abuse of discretion; and the appellant, if there is one, shall have the burden of proof of demonstrating otherwise by a preponderance of the evidence, including plans, presented. Abuse of discretion is established when (a) the agency has not proceeded in the manner required by law; (b) the order or decision is not supported by the findings; (c) the findings are not supported by evidence.
(2) Upon the hearing of an appeal or request for review, the City Council shall conduct a de novo hearing on the underlying application but shall be limited to the grounds specifically stated in the notice of appeal, if an appeal was filed. The City Council shall exercise its independent judgment as to such evidence. Nevertheless, there shall be a presumption that the decision or determination made by the approval authority was reasonable, valid, and not an abuse of discretion; and the appellant, if there is one, shall have the burden of proof of demonstrating otherwise by a preponderance of the evidence, including plans, presented. Abuse of discretion is established when (a) the agency has not proceeded in the manner required by law; (b) the order or decision is not supported by the findings; (c) the findings are not supported by evidence.
(3) Hearings are subject to the provisions of Section 25.07.016 when a coastal development permit is required.
(E) Action on Appeal.
(1) At the hearing, the appeal body shall conclude the proceedings with one of the following actions.
(i) Affirmation or Reversal. The appeal body may, by resolution, affirm, affirm in part and reverse in part, or reverse the action that is the subject of the appeal.
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(ii) Additional Conditions. When reviewing an appeal, the appeal body may adopt additional conditions of approval involving or related to the subject matter of the appeal.
(iii) Remand. The City Council may, but shall not be required to, remand the matter back to the Planning Commission/Design Review Board, as applicable, for further consideration. The Planning
Commission/Design Review Board, as applicable, shall not be allowed to remand the matter back to the Community Development Director.
(2) Deadlocked Vote.
(i) By Planning Commission/Design Review Board. In the event an appeal from an action of the Community Development Director results in a deadlocked vote by the Planning Commission/Design Review Board, the determination, interpreting decision, judgment, or similar action, the appeal shall be forwarded to the City Council for the City Council’s proceedings on the appeal, as specified in this Section.
(ii) By City Council. In the event that an appeal from an action of the Planning Commission/Design Review Board results in a deadlocked vote by the City Council, the action of the Planning
Commission/Design Review Board (or Community Development Director), as appropriate, shall become final.

SECTION 9. Code Amendment. Chapter 25.07.006 (Definitions) of Chapter 25.07 (Coastal Development Permits) of Title 25 (Zoning) is hereby amended to add the following definition in alphabetical order of the existing list of definitions:
“Director of Community Development” and “Community Development Director” shall mean the Director of the Community Development Department at the City of Laguna Beach and his or her designee.

SECTION 45. Code Amendment. Subsection (B) of Section 25.07.008 (Exemptions) of Chapter 25.07 (Coastal Development Permits) of Title 25 (Zoning) is hereby amended to as follows (additions shown in underline and deletion shown in strikethrough):
(B) Record of Exemptions. Consistent with Section 25.07.014(A) of this chapter, the Community Development Director shall maintain a record of all development 40 40 of 399
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within the coastal zone that were exempted from the requirements of the coastal development permit process. This record shall be available on the City's website.

The record of exemption shall include the name of the applicant, the location of the project, and a complete description of the project. For exemptions issued for development that is appealable to the Coastal Commission, the Community Development Director shall also provide notification to the Executive Director of the Coastal Commission of any record of exemptions within seven (7) calendar days of the exemption determination or issuance.

SECTION 11. Code Amendment. Section 25.07.012 (Procedures) of Chapter 25.07 (Coastal Development Permits) of Title 25 (Zoning) is hereby amended to add Subdivisions (J) and (K) to read as follows:
(J) Subsequent Modification to Approved Coastal Development Permits. (1) Development or a use authorized through a coastal development permit issued by the City in compliance with the City’s certified Local Coastal Program shall be established only as approved by the review authority, and in compliance with any conditions of approval, except where a change to the project is approved in compliance with this section. (2) Application. An applicant shall request a proposed change in writing, and shall also furnish appropriate supporting information and materials explaining the reasons for the request.
(3) Minor Changes Approved by the Community Development Director without a Public Hearing.
(i) The Community Development Director may authorize minor changes to an approved coastal development permit without a public hearing, where the Director first finds that the changes:
a. Are consistent with the requirements of the certified Local Coastal Program; and
b. Do not involve a feature of the project that was a basis for findings for an exemption, negative declaration, mitigated negative declaration, or environmental impact report for the project; and
c. Do not involve a feature of the project that was specifically addressed or was the subject of a condition(s) of approval for the project or that was a specific consideration by the applicable review authority in the project approval; and 41 41 of 399
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d. Do not result in an expansion or change in operational characteristics of the use; and
e. Do not alter the facts in support of the findings required by Section 25.07.012(G).
(ii) The Director may choose to refer any requested change to the original review authority for review and final action.
(4) Changes to Coastal Development Permits Approved by the City. (i) Changes Approved by Original Review Authority. A proposed change that does not comply with the criteria identified in subsection (J)(3) of this section (Minor Changes Approved by the Director without a Public Hearing) may only be approved by the original review authority for the project through a new permit application filed and processed in compliance with the application provisions of Chapter 25.07 (Coastal Development Review Procedures)
(ii) Conditions. If a proposed change is approved by the reviewing body, all terms and conditions of the original approval shall remain in effect, unless specifically removed or modified by the reviewing body. If a proposed change is denied by the reviewing body, the terms and conditions of the original permit shall remain in effect. (5) Amendments to Coastal Development Permits Approved by the Coastal Commission. Amendments to coastal development permits approved by the Coastal Commission within an area where the Coastal Commission continues to exercise original permit jurisdiction shall not be processed by the City and instead shall be processed by the Coastal Commission. (K) Staking Requirements.
(1) A staking plan shall be prepared as specified on the most current zoning and coastal development permit submittal checklist. Staking poles and connecting ribbons, which accurately represent the full extent of the proposed structure, including decks and eaves, shall be constructed at least 21 calendar days prior to the first public hearing. At least 21 calendar days prior to the first public hearing, the location and height of the staking poles must be certified as accurate by a registered land surveyor or registered civil engineer licensed to conduct land surveys in the State of California. If complete and certified project staking is not in place as required, the project shall be continued to a later date. Neither the applicant, a relative of the applicant, nor any other person possessing a financial interest in the property or the project may certify the location and height accuracy of the staking poles. If the project is modified during the review process and the reviewing body determines it is necessary to restake, the project shall be re42 42 of 399
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staked and re-certified at least 14 calendar days prior to any subsequent public hearing.
(2) Staking poles shall be removed by the applicant within 20 calendar days after the final project decision. The applicant's failure to remove the staking poles within the prescribed time period shall result in any remedies at law, including but not limited to code enforcement remedies. (2)(3) The Community Development Director may waive this requirement in writing in the Community Development Director’s sole discretion.

SECTION 12. Code Amendment. Section 25.07.026 (Local Coastal Program amendments) of Chapter 25.07 (Coastal Development Permits) of Title 25 (Zoning) is hereby repealed and replaced with the following:
(A) Purpose and Intent. The City Council may amend the Local Coastal Program when required by public necessity, convenience, and general welfare or protection of coastal resources, or where required by specific policies in the Local Coastal Program by following the procedure specified in this Chapter. For purposes of this Section, amendments of a certified Local Coastal Program includes, but is not limited to, any action by the City that authorizes the use of a parcel of land other than a use that is designated in the certified local coastal program as a permitted use of the parcel, except for temporary uses as defined in Section 25.05.035. Such amendments will not take effect until effectively certified by the Coastal Commission.
(B) Application
(1) Proposals
(a) Initiation. An amendment to the Local Coastal Program may be initiated by:
(i) Resolution of Intention of the City Council;
(ii) Property owners, or their duly authorized agents, by filing a complete and verified application with the Community
Development Department for amendments to the LCP
involving their property.
(iii) Any person authorized to undertake a public works project or proposing an energy facility development may request to amend the local coastal program, if the purpose of the
proposed amendment is to meet public needs of an area
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greater than that included within such certified local coastal program that had not been anticipated by the person making the request at the time the local coastal program was before the Coastal Commission for certification.
(b) Contents of Amendment Applications. The amendment application shall include:
(i) All policies, plans, standards, objectives, diagrams, drawings, maps, photographs, and supplementary data
related to the amendment in sufficient detail to allow review for conformity with the requirements of the Coastal Act.

Written documents should be readily reproducible. An
amendment application may also need to include, where
applicable, a readily identifiable public access component as set forth in California Code of Regulations Section 13512. (ii) The application shall be accompanied by a map drawn to scale showing the location of the property concerned and the location of all highways, streets and alleys, public easements or Offers to Dedicate Public Easements and all lots and parcels of land within a distance of 500 feet from the exterior boundaries of the property involved. The accuracy of such map shall be the responsibility of the applicant.
(iii) A discussion of the amendment's relationship to and effect on the other sections of the certified LCP.
(iv) An analysis that meets the requirements of California Code of Regulations Section 13511 that demonstrates conformity with the requirements of Chapter 6 of the Coastal Act.
(v) Any environmental review documents, pursuant to CEQA, required for all or any portion of the amendment to the LCP. (vi) An indication of the zoning measures or implementation that will be used to carry out the amendment (unless submitted at the same time as the amendment to the Local Coastal
Program).
(c) Any application made pursuant to Paragraph (B)(1)(a)(ii) and (iii), above, shall be in writing and signed and verified by the owner of the land involved or by his authorized agent. If a person other than the owner makes the application, written authorization to act on behalf of the owner shall be submitted with such application. The application shall show or be accompanied by the legal description of the property for which the amendment is requested, and the street 44 44 of 399
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address or addresses, if any, or other common description of the premises.
(2) Review of Filing. An amendment to a certified LCP together with all necessary attachments and exhibits shall be deemed "submitted" after having been received and found by the Community Development Director to be in proper order and legally adequate to comply with this Section. The Community Development Director shall cause a date of receipt stamp to be affixed to all LCP submissions on the day they are so received and a stamp of the date of submittal on the day they are found to be properly submitted. (C) LCP Amendment Hearing and Notice. Upon receipt in proper form of an LCP amendment application, or upon receipt of a Resolution of Intention from the City Council, the Community Development Department shall set a public hearing before the Planning Commission.
(1) Notice of Public Hearings. Notice of public hearings shall be given at least ten (10) days prior to the hearing. Such notice shall state the nature of the proposed change, location of the affected area, and the time(s) and place(s) of the scheduled hearing(s) and for accepting comments on the proposed amendment.
(a) For Amendments to LCP, the notice shall be provided as follows:
(i) By mail to all of the following parties:
(1) Any member of the public who has so requested;
(2) Each local government contiguous with the area that is the subject of the Amendment;
(3) Local governments, special districts, or port or
harbor districts that could be directly affected by or
whose development plans should be considered in
the Amendment;
(4) Regional, state and federal agencies that may have an interest in or be affected by the amendment;
(5) Local libraries and media;
(6) The Coastal Commission.
(7) Any reference in this subchapter to "interested
parties" or "public agency" shall include the
aforementioned persons or groups.
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(ii) By posting the draft amendment to the City’s website in a format that can be downloadable.
(iii) By placing a display advertisement of at least one-fourth page in newspaper having the greatest circulation within the area affected by the proposed action.
(b) Following a public hearing, the Planning Commission shall recommend approval, modification, or denial of the proposed amendment to the City Council. The recommendation shall be by resolution carried by the affirmative vote of not less than the majority of the entire Commission. It shall be transmitted to the City Council within forty (40) days after the rendering of a decision. Such decision is final and conclusive and may not be reconsidered except upon referral by the City Council.
(2) Council Hearing and Notice. After receipt of the Planning Commission's recommendation, the City Council shall hold a public hearing and shall give notice in the same manner as required for the Planning Commission in this Section above.
(3) Council Decision. After the required hearing, the City Council shall take actions on the Amendment by resolution or ordinance, as applicable, to either approve, modify, or deny the proposed amendments. (D) Required Findings. Before approval of any LCP Amendment, the City Council must make the finding that such amendment meets the requirements of, and is in conformity with, the LCP and the policies of Chapter 3 the California Coastal Act. (E) Certification of Local Coastal Program Amendments.
(1) Submittal to Coastal Commission. Any amendment approved by the City shall be submitted to the Coastal Commission in accordance with Sections 30510, 30512, 30513 and 30514 of the Public Resources Code and Sections 13551 and 13552 of the California Code of Regulations.
(2) Effective Certification. An amendment to the Commission-certified Local Coastal Program shall not become effective after City Council adoption until the amendment is submitted pursuant to the requirements of Section 13551 et seq. of the California Code of Regulations and is effectively certified by the California Coastal Commission pursuant to the requirements of Section 13544 et seq. of the California Code of Regulations. (3) Amendments Pursuant to PRC 30515 (Public Works Project or Energy Facility Development). LCP Amendments approved by the Coastal Commission pursuant to Public Resources Code Section 30515 shall be effectively certified upon final action by the Coastal Commission. 46 46 of 399
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SECTION 13. Code Amendment. Section 25.08.010 (Words beginning with “E.”) of Chapter 25.08 (Definitions and Standards) in Title 25 (Zoning) is hereby amended to add the following definition in alphabetical order:
“Environmentally Sensitive Area” means any area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments. “Environmentally Sensitive Area” includes slopes of 30% or greater and areas designated as an “Environmentally Sensitive Area” on a map adopted by resolution of the City Council.

SECTION 14. Code Amendment. Section 25.08.016 (Words beginning with “H.”) of Chapter 25.08 (Definitions and Standards) in Title 25 (Zoning) is hereby amended to modify the definition for “Height, building” (additions shown in underline):
“Height, building” means one or more of the following:
(a) The vertical distance from any point on the finished roof surface, including any roof-mounted or rooftop appurtenance, to the finished floor surface of the lowest floor measured directly below or to the natural or finished grade, whichever is more restrictive or lower. If the entire lowest floor, measured from the finished floor surface of the floor above, is located completely below natural or finished grade, whichever is more restrictive, then the building height shall be measured to the top of the finished floor of the next level directly above that subterranean level; 47 47 of 399
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(b) For purposes of measuring the height above the front lot line, an applicant may have the option of measuring by one of the following two options:
(1) The vertical distance from the curb, street centerline or property line to the highest point of the roof, whichever is the applicable measurement as required under the specific chapters of this title. The elevation of the curb shall be taken on top of the curb at a point created by the intersection of the curb and a line perpendicular to and intersecting the midpoint of the front lot line. In the event, there is no curb, height shall be measured from the centerline of the street to the top of the roof. The elevation of the centerline of the street shall be taken at a point created by the intersection of the centerline and a line perpendicular to and intersecting the midpoint of the front lot line; or
(2) At every point along the curb or street center line. (c) For purposes of measuring the height above the rear lot line, the elevation of the rear lot line shall be taken at every point along the rear property line. (d) Exception: Provided they do not exceed a maximum height limit set forth in Chapter 25.51, and provided further that no structure in excess of the specified building height shall be used for additional living or floor space, the following items 48 48 of 399
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may be permitted to a height in excess of that permitted within a zone when approved by the design review board pursuant to the procedures and findings of Chapter 25.05 as applicable: structures for the sole purposes of housing elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, skylights, spires, flagpoles, broadcasting and receiving antennae and chimneys.
(e) For development proposed on the seaward side of Pacific Coast Highway, where topography allows, no structures shall be constructed above the finish elevation of Pacific Coast Highway at the right-of-way line.

SECTION 14.SECTION 15. Code Amendment. Section 25.08.018 (Words beginning with “I.”) of Chapter 25.08 (Definitions and Standards) in Title 25 (Zoning) is hereby amended to add the following definition in alphabetical order:
“Improvement” means any building, structure, feature, or object constituting a physical addition to real property or a structure on real property, or any part of such addition. Improvements include the construction of streets and all related appurtenances bridges, utilities, pedestrian ways, bikeways, trails, or landscaping and irrigation in connection with an approved development or public works project, whether involving the subdivision of land or not.

SECTION 15.SECTION 16. Code Amendment. Section 25.08.022 (Words beginning with “L.”) of Chapter 25.08 (Definitions and Standards) in Title 25 (Zoning) is hereby amended to add the following definitions in alphabetical order:
“Landscaping” means an area devoted to or developed and maintained with native or exotic plantings, lawn, groundcover, gardens, trees, shrubs, and other plant materials, and associated decorative outdoor landscape elements.
“Landscape plans” means plans prepared to depict proposed landscaping and irrigation on a development site, which include a planting plan and an irrigation plan drawn to the same scale as the grading plan, that clearly and accurately identify specified plants, irrigation layout equipment, finish grades and drainage, specifications and construction details, plan sheet numbers, and drawing date of plans.

SECTION 16. Code Amendment. Subdivision (E)(1)(c) and (E)(1)(d) of Section

25.10.008 (Property development standards) of Chapter 25.10 (R-1 Residential Low Density 49 49 of 399
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Zone) of Title 25 (Zoning) is hereby amended as follows (additions shown in underline and deletion shown in strikethrough):
(E) Yards
. . .
(1) General Provisions
. . .
(c) The maximum lot area which may be occupied by habitable enclosed building space and covered off-street parking shall depend on lot size. For lots four thousand 4,000 square feet and under, site coverage shall not exceed forty-four percent; for lots greater than four thousand 4,000 square feet and less than 8,000 square feet, the maximum site coverage shall be calculated using the formula below; and for lots eight thousand 8,000 square feet and over, site coverage shall not exceed thirty-five 35 percent. The maximum site coverage percentage permissible on any residential lot shall be calculated using the following formula:

Building Site Coverage (%) = 35 + (8,000-A) x 9
4,000
Where A = lot area (square feet)
For example, if the lot area is six thousand six hundred twenty-five 6,625 square feet, the maximum allowable building site coverage would be calculated as follows:

Lot Area (A) = 6.,625 square feet
Building Site Coverage (%) = 35 + (8,000-A) x 9
4,000
= 35 + (1,375) x 9
4,000
= 35 + 3.094
BSC (%) = 38.09
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(d) The Design Review Board is authorized to modify the building site coverage requirement identified in subsection 25.10.008(E)(4)(c), above, upon a finding that shall only be modified by the design review board when it is necessary to preserve views, preserve privacy, reduce heights, or to maintain neighborhood development patterns. In no event shall the Design Review Board modify such requirement by more than five percent. In no event shall the Design Review Board modify such requirement by more than five percent.

SECTION 17. Code Amendment. Subdivision (E)(3)(a)(2) of Section 25.10.008 (Property Development Standards) of Chapter 25.10 (R-1 Residential Low Density Zone) in Title 25 (Zoning) is hereby amended as follows (additions shown in underline and deletion shown in strikethrough):
(E) Yards
. . .
(3) Side Yard.
(a) The width of each side yard shall be not less than ten 10 percent of the average lot width, but in no case less than three 3 feet; except that when the average lot width is forty 40 feet or greater, no side yard shall be less than four 4 feet.
. . .
2) Side yards shall not be used for accessory buildings, clotheslines, air conditioning or pool equipment, the storage of trailers, boats, campers or other materials, or the regular or constant parking of automobiles or other vehicles, except for the required additional parking space when approved by the Design Review Board in accordance with Section 25.52.012(f).

SECTION 18. Code Amendment. Sections 25.15.002 (Intent and Purpose) and

25.15.004 (Design Criteria) of Chapter 25.15 (R/HP Residential/Hillside Protection Zone) in Title 25 (Zoning) are hereby amended as follows (additions shown in underline and deletion shown in strikethrough) with re-numbering and re-lettering to occur in numerical and alphabetical order:
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Section 25.15.002 (Intent and Purpose)
The intent and purpose of this zone is to allow for low-intensity, residential development that addresses concerns for public health and safety and promotes the design criteria set forth in Section

25.15.004. All new development in this zone shall be sensitive to the hillside terrain and to the environmental constraints and shall provide for the conservation of existing natural open space lands, unique landforms, scenic hillsides and sensitive biological habitats. These environmental constraints include potential danger from fire, slope failure and erosion, as well as the difficulty of emergency evacuation. Protection of the physical environment, public views and aesthetic qualities associated with undeveloped lands is of critical concern in this zone. Low-intensity agricultural uses and passive, recreational uses are also appropriate for this zone.

Section 25.15.004 (Design Criteria Standards)
The area included in the residential/hillside protection zone encompasses a substantial amount of the city's undeveloped hillsides. Not only does this land incorporate some of the most undisturbed physical environments in the city, it also supports many environmentally sensitive habitats. These included rare species of flora or fauna, significant watercourses, ridgelines and unique landforms such as rock outcroppings and caves. In addition, land within this zone typically contains physical conditions such as steep topography and geologically sensitive areas which amplify the environmental and safety concerns of this zoning district.

The following design criteria standards have been established to help ensure that future development proposals take the proper steps to avoid adverse impacts on these unique resources.

In addition, all development proposals shall be subject to the zoning standards and design review procedures of this chapter and shall be strictly evaluated for conformance with the city's general plan, with particular emphasis on the open space and conservation element. As part of the environmental review process for any project, the city shall require detailed environmental studies to identify specific impacts, measures to avoid those impacts and, when allowable impacts are unavoidable, the necessary mitigation measures.
(A) To ensure compliance with the applicable General Plan policies, aAll development proposals shall be subject to the following standardscriteria :
(1) Building Site. Development Buildings and other improvements should be located on a slopes of less than thirty percentand shall be situated such that they do not adversely impact any environmentally sensitive areas, and should minimize impacts to ridgelines, geologic hazard areas and unique landforms.
(2) Mass and Scale. The height and scale of the building(s) should respect the natural surroundings and unique visual resources by incorporating designs which minimize bulk and mass, follow natural topography and minimize visual intrusion on the natural landscape.
(3) Building Size. In addition to the mass and scale of the residence, the total square footage shall also be maintained at a size compatible with the open 52 52 of 399
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space characteristics of the hillsides. Residential designs should blend in with the surroundings, while minimizing their prominence to public view.

As such, larger lots shall not necessarily enable the development of correspondingly larger homes.
(4) Architectural Style. The architectural style, including materials and colors, should be compatible with the natural setting by encouraging designs which blend in with the surroundings.
(5) Grading. Development proposals should minimize grading of hillside areas by encouraging designs which follow the natural grade while maintaining a building mass and scale that is sensitive to topography. (6) Landscaping. The proposal should maintain native vegetation to the greatest extent possible and should include the provision of additional native vegetation to mitigate potential visual impacts and erosion concerns associated with the development proposal. Invasive plantings shall be prohibited.
(7) Fuel Modification. The development proposal should address the required fuel modification as part of the initial application and should integrate fuel modification provisions into the site plan in such a way as to minimize impact on existing native vegetation and areas of visual prominence.

Alternative means to thinning and/or removal of native vegetation for fire hazard management such as minimizing the building envelope, and/or siting of the structure(s) away from hazard areas, and/or use of fire retardant design and materials are preferred where feasible. The fuel modification plan shall be in compliance with all Fire Department fuel modification requirements, and may qualify as development requiring a coastal development permit that is subject to the provisions of Chapter 25.07, including instances when such a plan constitutes development that is not exempt pursuant to Section 25.07.008 because it would impact environmentally sensitive habitat areas.

SECTION 19. Code Amendment. Subsection J (Fences and Walls) of Section

25.15.010 (Property development standards) of Chapter 25.15 (R/HP Residential/Hillside Protection Zone) in Title 25 (Zoning) is hereby amended as follows (additions shown in underline and deletion shown in strikethrough):
(J) Fences and Walls. All fences and walls shall be subject to the provisions of Section 25.50.012 as well as the following standards:
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(1) Except as provided for in subsection (2) below, any fencing shall be located within one hundred 100 feet of the main dwelling principal structure. If no dwellingprincipal structure exists on the lot, a fence is not permitted. (2) Requests for security or safety fences which are not addressed in the Building Code may be exempt from the provisions of
subsection (1) abovebelow, subject to design review board approval which includes a finding that the fence is necessary for the preservation of public health, safety and welfare.

SECTION 20. Code Amendment. Section 25.15.012 (Required findings) of Chapter 25.15 (R/HP Residential/Hillside Protection Zone) of Title 25 (Zoning) is hereby repealed.

SECTION 21. Code Amendment. Subsection B (Design Review) of Section 25.24.005 (Property development standards) of Chapter 25.24 (Lagunita Zone) of Title 25 (Zoning) is hereby amended as follows (additions shown in underline and deletion shown in strikethrough):
(B) Design Review.
(1) Intent and Purposes. The intent and purpose of this section is to establish design review standards and controls over private development in the Lagunita residential community. It is recognized that there are unique design aspects inherent in the Lagunita community that need to be preserved and enhanced, particularly with respect to preserving existing views and view corridors. The design criteria, as established herein, shall be utilized for all projects proposed within the Lagunita Zone. Prior to any discretionary review by the city, the Lagunita Community Association shall conduct its own project review. The Community Development Department shall notify the Association in writing when the City has received an application with reference to the submitted plans and with information that comments are due within thirty days of when the Community Development Department mails or otherwise sends the written communication to the Association. The Association will may submit a letter of comment to the city for its consideration within thirty days of when the Community Development Department mails or otherwise sends the written communication to the Association. The lack of the comment letter from the Association after the appropriate thirty day notice period afforded by the City will not prevent the City from proceeding with consideration, approval, or denial of the application; however, the City’s processing and decision on the application shall not be delayed or extended to accommodate Association review beyond the timeframes required by applicable state law, including the Permit Streamlining Act (Government Code Section 65920 et 54 54 of 399
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seq.), or any other state-mandated deadlines. If compliance with such statelaw deadlines requires earlier action, the City may proceed to consider, approve, conditionally approve, or deny the application before the expiration of the thirty (30)-day comment period. prior to the design review board's review of the applicant's plans. The adoption of these design criteria will guide and ensure that all future growth contributes to preservation of the Lagunita community character.
(a) All buildings, structures, and improvements shall be evaluated on criteria in Section 25.05.040, and on the following additional view preservation criteria: a prime consideration for the Design Review Board in reviewing development applications including its landscaping shall be the maintenance of views and view corridors.

SECTION 22. Code Amendment. Section 25.25.010 (Performance Standards/design criteria) of Chapter 25.25 (SLV, South Laguna Village Commercial Zone) in Title 25 (Zoning) is hereby repealed.

SECTION 23. Code Amendment. Section 25.28.040 (Design criteria) of Chapter

25.28 (Institutional Zone) of Title 25 (Zoning) is hereby repealed.

SECTION 24. Code Amendment. Section 25.35.070 (Design Review) of Chapter

25.35 (Specific Plan (Arch Beach Heights)) is hereby amended as follows (additions shown in underline and deletion shown in strikethrough) with re-numbering and re-lettering to occur in numerical and alphabetical order:

Section 25.35.070 Design review.
(A) All new residences and accessory structures, and additions to existing residences and accessory structures, are subject to the design and review as per the zoning 55 55 of 399
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ordinance. The design review board shall be guided by the development standards set forth in Section 25.35.080 in addition to the normal design review criteria findings in Section 25.05.040.
(B) Design review shall be limited to those Projects requiring design review shall be subject to the standards set forth in Sections 25.35.080 and 25.40.005. Additional guidelines may be adopted by resolution of the city council, upon recommendation of the design review board, when such guidelines are deemed warranted. (C) In the event that a project is disapproved by the design review board, the design review board shall state in writing the subsections of Section 25.35.080 or

25.40.005, or the guidelines adopted by resolution of the city council, upon which such disapproval is based, and shall further state the reason disapproval of the project is justified by said subsections or guidelines.

SECTION 25. Code Amendment. Section 25.35.080 (Design Review development standards) of Chapter 25.35 (Specific Plan (Arch Beach Heights)) is hereby amended as follows (additions shown in underline and deletion shown in strikethrough) with re-numbering and relettering to occur in numerical and alphabetical order:

25.35.080 (Design review development standards.)
(A) Intent and Purpose. It is the intent and purpose of this section to establish design review development standards and controls over public and private development in the Arch Beach Heights Tract. It is recognized that the area has specific design constraints relating to its visibility from the city below, historic development pattern and potential for fire. In this respect, it is the declared intent of the city that this section shall serve the following purposes:
(1) To establish standards and policies that will promote and enhance quality design, site relationships, and other aesthetic considerations of development in the Arch Beach Heights Tract.
(2) To improve and augment the controls now included in ordinances related to planning and building in order to promote development which is in the best interest of the public safety and welfare.
(3) To recognize the interdependence of land values and aesthetics and to implement these standards in the best interest of the city. (B) Standards.
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(1) All designs shall demonstrate an individuality of design, which should be achieved primarily through a manipulation of the volume of the structure rather than by means of nonessential architectural details. (2) While individuality of design should be achieved, the thrust should be scaling down rather than duplication of existing bulk and size of existing structures.
(3) Lot coverage shall not exceed that specified in the zoning ordinance for R1 development. (4) All designs shall limit areas of large blank walls by carefully planned windows, porches, and smaller volumes.
(5) Harsh boxlike structures, and structures which make extensive use of glossy surfaces, or strong, glaring colors, shall be avoided.
(6) On downhill homes, all designs shall avoid vertical repetitive detailing which adds to the illusion of height.
(7) All designs shall minimize roof penetration by grouping all plumbing vents and ducts together.
(8) All vents, gutters, downspouts, louvers, exposed flashings, and service doors shall be treated as architectural design elements, and shall be painted to coordinate with the color scheme of the structure.
(9) Roof decks should shall not be permitted above the uppermost story., nor should pParapets, walls, protective roof deck railings or and stair enclosures shall not exceed the roof height of the uppermost story, except as approved by design review.
(10) All exterior lighting should relate to the design of the structure, and the light emitted shall not adversely affect neighboring properties, exceed that reasonably necessary for security purposes, nor detract from the aesthetics of the property.
(11) All landscape plans shall address the functional aspects of landscaping such as drainage, erosion prevention, wind barriers, shade, sound absorption, dust abatement, and reduction of glare.
(12) Landscaping shall be used in front and rear yards to relieve solid, unbroken elevations and to soften continuous wall expanses.
(13) All designs shall incorporate the use of shrubbery and trees to reduce the appearance of height.
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(14) The area between the underside of the building and finished grade should be completely enclosed, except as approved by design review. (15) There shall be provided a storage area for at least two garbage and trash containers, minimum forty-gallon capacity each, completely enclosed from view, easily accessible to the street. Such areas shall be protected by at least one-hour fire rating.
(16) A general storage area of at least 400 cubic feet, completely enclosed from view, shall be provided within each garage or carport, except as otherwise approved by design review.
(17) All developments should seek to minimize the difference between the natural grade and the finished project height by such methods as split level or stepping down the building along with the grade.

SECTION 26. Code Amendment. Section 25.39.100 (Design Review) of Chapter

25.29 (Specific Plan (Sarah Thurston Park)) of Title 25 (Zoning) is hereby repealed.

SECTION 27. Code Amendment. Section 25.44.060 (Architectural design criteria) of Chapter 25.44 (Three Arch Bay Zone) of Title 25 (Zoning) is hereby amended as follows (additions shown in underline and deletion shown in strikethrough) with re-numbering and re-lettering to occur in numerical and alphabetical order:

Section 25.44.060 Architectural design criteria Design Review Intent and Purpose. It is the intent and purpose of this section to establish design review standards and controls over private development in the Three Arch Bay residential community. It is recognized that there are unique design aspects inherent in the community appearance that need to be preserved and enhanced. These design criteria will be utilized for all projects in this zone reviewed by the city. Applicants should note that prior to city review, the Three Arch Bay Community Association will conduct its own plan review. The Association will submit a letter of comment to the city for its consideration and review prior to city approval of the applicant's plans.

The adoption of these design criteria will guide and ensure that all future growth contributes to a preservation of the community character. Applicants should note that prior to City review, the Three Arch Bay Community Association will conduct its own plan review. The Community Development Department shall notify the Association in writing when the City has received an application with reference to the submitted plans and with information that comments are due within thirty days of when the Community Development Department mails or otherwise sends the written communication to the Association. The Association may submit a letter of comment to the City for its consideration within thirty days of when the Community Development Department 58 58 of 399
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mails or otherwise sends the written communication to the Association; however, the City’s processing and decision on the application shall not be delayed or extended to accommodate Association review beyond the timeframes required by applicable state law, including the Permit Streamlining Act (Government Code Section 65920 et seq.), or any other state-mandated deadlines. If compliance with such state-law deadlines requires earlier action, the City may proceed to consider, approve, conditionally approve, or deny the application before the expiration of the thirty (30)-day comment period. The lack of the comment letter from the Association after the appropriate thirty-day notice period afforded by the City will not prevent the City from proceeding with consideration, approval, or denial of the application.

In order to approve a design review permit, the City’s reviewing authority must make the following findings in addition to the findings at LBMC Section 25.05.040(I):
(A) While individuality of architectural style should be achieved, the design should conform to the established small-scale building character which is sensitive to existing topography and view preservation.
(B) All designs shall protect the privacy and views of neighboring properties especially in side and rear yard areas by providing architectural relief from large blank walls by proper placement of windows, porches, architectural pop-outs and other similar features.
(C) The minimum roof pitch on any building or structure shall be 3:12. Flat roofs and roof decks are prohibited.
(D) Roof-mounted solar collectors shall not be visible from any street view; the solar collector shall not exceed the ridge elevation of the roof. (E) All development shall strive to be compatible with surrounding homes and the community with respect to architectural character, style, scale, mass and color. (F) Walls and fences should tie directly to the main building, enclosing only active use areas. Both wood and wrought iron fencing can be used when the material and color are compatible with the main building.
(G) All landscape and hardscape plans shall address the functional aspects of landscaping such as drainage, erosion prevention, wind barrier, shade, sound absorption, dust abatement and reduction of glare.
(1) Landscaping, as required, shall be provided in accordance with the community design and landscape guidelines as adopted by Resolution No. 89-104 and as hereafter amended.
(2) All residential and landscaping design shall preserve surrounding views of the ocean and, whenever possible, utilize trees and other vegetation to complement this viewshed.
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SECTION 28. Code Amendment. Section 25.44.050 (Property development standards) of Chapter 25.44 (Three Arch Bay Zone) in Title 25 (Zoning) is hereby amended to add subsection M (Roof Pitch) to read as follows:
(M) Roof Pitch. The minimum roof pitch on any building or structure shall be 3:12. Flat roofs and roof decks are prohibited.

SECTION 28. Code Amendment. Chapter 25.49 (Diamond/Crestview Specific Plan) of Title 25 (Zoning) is hereby amended as follows (additions shown in underline and deletion shown in strikethrough):

Section 25.49.010 Intent and purpose.

The intent and purpose of this chapter is to establish a specific plan for the Diamond/Crestview area pursuant to the authority of California Government Code Sections 65450 et seq. It is recognized that there is a need for a comprehensive planning program to address the unique issues associated with the Diamond/Crestview area and that this need is best served through the establishment of a specific plan. The Diamond/Crestview Specific Plan contains goals, policies, and development standards and design guidelines.

Section 25.49.020 Description and application.

The specific plan covers a forty-one acre area of Tract 764 and is generally located west of Arch Beach Heights, north of the Loma Tract, east of Woods Cove and south of Bluebird Canyon. The physical boundaries of the specific plan area are delineated on Attachment D attached hereto.

Section 25.49.030 Development regulations.

All development regulations of the Diamond/Crestview Specific Plan area are contained within the text of the document. These regulations include goals, policies, and development standardsand design guidelines. All other ordinances and sections of the Laguna Beach Municipal Code shall also apply to the specific plan area, unless such standards are inconsistent with the provisions of the specific plan, in which case, the specific plan shall apply.

SECTION 29. Code Amendment. Section 25.45.004 (Definitions) of Chapter

25.45 (Historic Preservation) in Title 25 (Zoning) is hereby amended as follows (additions shown in underline and deletion shown in strikethrough):
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"Historic resource" means a property or structure that (1) is listed on the City's historic register, (2) is listed on the California Register of Historical Resources, (3) has been officially determined to be eligible for the California Register of Historical Resources by the State Historical Resource Commission, (4) is listed on the National Register of Historic Places, (5) has been officially determined to be eligible for the National Register of Historic Places by the National Park Service, or (6) the City is mandated by law to treat as a historic resource based on substantial evidence in light of the whole record. Generally, a resource shall be considered to be "historically significant" if the resource meets the criteria for listing on the California Register of Historical Resources. The absence of a fully executed and recorded written historic resource preservation agreement between a property owner and the City shall not, on its own, be considered conclusive evidence that the property is not listed on the City’s historic register.

SECTION 30. Code Amendment. Subsection B (Designation Procedures) of Section 25.45.006 (Historic register designation, criteria and procedures and removal from register) of Chapter 25.45 (Historic Preservation) in Title 25 (Zoning) is hereby amended as follows (additions shown in underline and deletion shown in strikethrough):
(B) Designation Procedures.
(1) The property owner shall complete the application for the proposed designation as a historic resource and inclusion on the register on a form provided by the department, include all information required and file the application with the department.
(2) The Heritage Committee will review the application for designation. In its consideration of placement on the register, the Heritage Committee may request additional information and plans for any future planned changes to the structure. There shall be no application fee for placement on the register. (3) Recordation of a written historic resource preservation agreement between the City and the property owner, acknowledging the owner's obligations and responsibilities to ensure preservation of the historic character of the resource shall be filed after the property is designated by the Heritage Committee for inclusion on the register. If the owner has applied for incentives, the recordation shall not occur until the owner's request, or the incentive has been acted upon. This agreement shall be recorded with the County and will apply to any subsequent owners. A property approved for the Register shall not be formally designated until the property owner executes the preservation agreement, and it is recorded with the County.

SECTION 31. Code Amendment. Subsection (A) of Section 25.45.008 (Incentives to properties on the city’s historic register) of Chapter 25.45 (Historic Preservation) of Title 25 61 61 of 399
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(Zoning) is hereby amended as follows (additions shown in underline and deletion shown in strikethrough):
(A) Parking. The following benefits are subject to Design Review Board approval, except when a conditional use permit is required for the project, in which case the City Council Planning Commission shall be the final approval authority, with a recommendation from the Planning Commission.

SECTION 32. Code Amendment. Section 25.45.010 (Procedures for alteration of an historic resource) of Chapter 25.45 (Historic Preservation) in Title 25 (Zoning) is hereby amended as follows (additions shown in underline and deletion shown in strikethrough) with renumbering and re-lettering to occur in numerical and alphabetical order:
(A) Review. Prior to the issuance of a building permit to remodel or alter any historic resource, City staff shall review the proposed changes to determine if the proposal is consistent with the design review criteria, the Secretary of the Interior's Standards (SOIS) or the City's Local Design Guidelines. Interior changes shall not be reviewed unless the changes will alter a character defining features of the historic resource or if the interior area is publicly accessible. (B) If the project is found to be consistent with the SOIS or the City's Local Design Guidelines, but otherwise requires design review pursuant to Section 25.05.040(B), the Heritage Committee shall make a recommendation to the approval authority prior to design review. Repair or replacement of existing materials with in-kind or historically appropriate materials, in the same location, does not require design review approval. Minor alterations may be subject to Section 25.05.040 (B)(3). (C) If staff believes the project is not consistent with the SOIS and/or the City's Local Design Guidelines, then after the appropriate environmental documentation has been prepared pursuant to CEQA, design review shall be required. The Heritage Committee shall make a recommendation to the approval authority prior to design review.
(D) Historic Resource Assessment Report. If an historic resource assessment has not been prepared for the property, the Heritage Committee or the design review authority may require that an historic resource assessment, paid for by the City, be prepared prior to the review of the project to evaluate the project impacts to the property.
(E) Environmental Determination. During its review, the design review authority will adopt the appropriate environmental determination pursuant to CEQA. An historic 62 62 of 399
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resource assessment may be required to evaluate a project's potential environmental impact. Projects that comply with the SOIS and the local design guidelines may be eligible for a categorical exemption.
(F) Pre-construction Meeting. Prior to the issuance of a building permit, a preconstruction meeting shall occur and shall consist of the property owner, contractor, inspector assigned to inspect the structure, a City staff member, the project architect/designer and historic monitor (if required). This meeting will be used to convey the obligations and responsibilities of the property owner and his or her contractors and architects in protecting and avoiding destruction of the identified historic fabric that is to be retained.
(A) Any action pertaining to a historic resource that qualifies for Administrative Design Review pursuant to Section 25.05.040(B)(3) may be approved administratively pursuant to the procedures set forth in that section, provided that such approval shall be based on finding that the proposed action is consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (1995, Weeks and Grimmer), as amended from time to time, as determined by the Community Development Director, or other similar generally accepted resource, as determined by the Community Development Director, in addition to other required findings. Before the project is scheduled for Administrative Design Review pursuant to Section 25.05.040(B)(3), Heritage Committee must review the project and make a recommendation on the project.
(B) Major modifications, alterations, or other actions pertaining to historic resources that do not qualify for Administrative Design Review shall require approval of a design review permit pursuant to Section 25.05.040(B)(1). Before the project is scheduled before the Design Review Board or Planning Commission, as appropriate, the Heritage Committee must review the project and make a recommendation on the project.
(C) Historic Resource Assessment. To evaluate whether a property is a historic resource or whether a project has effects on a historic resource, the Community Development Director may require a historic resource assessment report as follows:
(1) The Community Development Director may require a historic resource assessment report, paid for by the City, be prepared prior to the review of the project to evaluate whether the property is a historic resource. (2) The Community Development Director may require a historic resource assessment report, paid for by the applicant, be prepared prior to the review of the project to evaluate the impacts of the project on the historic resource. (D) Pre-construction Meeting. Prior to the issuance of a building permit, a preconstruction meeting shall occur and shall consist of the property owner, contractor, inspector assigned to inspect the structure, a City staff member, the 63 63 of 399
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project architect/designer and historic monitor (if required). This meeting will be used to convey the obligations and responsibilities of the property owner and his or her contractors and architects in protecting and avoiding destruction of the identified historic fabric, as defined in California Code of Regulations, Title 14, Division 3, Chapter 11.5, Appendix A, as amended from time to time, that is to be retained.

SECTION 33. Code Amendment. Section 25.45.012 (Historic property disclosure) of Chapter 25.45 (Historic Preservation) of Title 25 (Zoning) shall be amended to read as follows:

Section 25.45.012 Historic property disclosure.
(A) Agent Disclosure. If a property has been included in the register, the owner of the property or the owner's representative shall, in any real property transaction, provide the buyer of the property with notice informing the buyer of the property's listing on the register. Distribution of a current Real Property Report issued pursuant to Section 14.76.090 of this code to the buyer shall satisfy the requirements of this subsection.
(B) Penalty. Any person who violates the provisions of subsection (A) of this section shall be subject to the penalties and remedies specified in Section 14.76.090 of this code.

SECTION 34. Code Amendment. Subsection (B)(6) of Section 25.50.012 (Fences, Walls, Hedges, Latticework and Screens) of Chapter 25.50 (General Yard and Open Space Provisions) of Title 25 (Zoning) is hereby amended as follows (deletion shown in strikethrough):
(6) Pedestrian entry features which only includes arbors, arched entries, arcades or finials may exceed the maximum allowable fence height in any yard subject to design review as provided for in Section 25.05.040 and the following standards:
(a) The maximum height shall not exceed 8 feet;
(b) The maximum pedestrian entry width shall not exceed 6 feet; (c) The maximum width of each side of the pedestrian entry for which there is proposed an architectural transition from the nominal fence height shall not exceed 3 feet.
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SECTION 34.SECTION 35. Code Amendment. Subsection (G) of Section

25.52.006 (Special provisions) of Chapter 25.52 (Parking Requirements) of Title 25 (Zoning) is hereby amended as follows (additions shown in underline and deletion shown in strikethrough):
(G) Incentives. The City Council Design Review Board or Planning Commission, as appropriate, may approve a conditional use permit, and a coastal development permit when required, upon recommendation by the approval authority, to reduce the parking standards required under this chapter where the proposed use provides for and promotes the use of alternative modes of transportation such as ride-sharing, carpools, vanpools, public transit, bicycle and walking; and where the reduced parking requirement will not adversely impact public access to beaches, parks, open spaces, and trails and one or more of the following conditions apply:
(1) The proposed use is a very low or low income, disabled, or senior housing project;
(2) The proposed use is a sidewalk cafe having outdoor seating available to restaurant customers, and when the outdoor seating is located on public property or right-of-way, to the general public as well, which contributes positively to the local pedestrian environment. The parking reduction may be granted on a temporary or seasonal basis and shall be limited to a maximum of five spaces; and
(3) The proposed use incorporates innovative parking solutions, such as a shuttle service program provided by the entity whose parking requirement has been reduced. Any proposed innovative parking solution shall provide parking mitigation measures at an equivalent ratio to the parking spaces required by Section 25.52.012(G) for the proposed intensification of use.

An innovative parking solution shall be described in a detailed program which includes, but is not limited to, the number of otherwise required parking spaces that will not be provided, a detailed description of the proposed innovative solution, a detailed description of how the innovative solution provides an equivalent ratio to the number of parking spaces that would have been required without the innovative solution, and a detailed description of how the proposed solution is expected to offset impacts from the reduction in required parking spaces, supported by studies and/or examples. An example of a program for innovative parking solutions might include, but not be limited to, a shuttle service program provided by the entity whose parking requirement has been reduced that indicates the number and capacity of shuttle vehicles, the range of shuttle services, where shuttle vehicles are stored and the hours of shuttle service operation. At the discretion of the Director of Community Development, peer review of such a program may be required and paid by the applicant.
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A parking study shall be prepared by a qualified engineer, retained by the entity whose parking requirement has been reduced, that reviews efficiencies, effectiveness and/or problems of the approved innovative parking solutions at one year and at five years from the date of their approval; and the study shall be provided to the City for review and assessment.

This Subsection 25.52.006(G)(3) shall expire five years from the date of effective certification of LCP-5-LGB-19-0139-1. If innovation solutions have been implemented pursuant to this section, and the required engineered parking studies demonstrate the effectiveness of those innovative parking solutions, a Local Coastal Program amendment may be requested to retain this subsection for an extended period. Such an LCPA shall include all necessary supporting documentation with submittal of the LCP amendment request.

SECTION 35.SECTION 36. Code Amendment. Subdivision (D) of Section 25.54.010 (Signs permitted on private property) of Chapter 25.54 (Sign Regulations) in Title 25 (Zoning) is hereby amended as follows (additions shown in underline and deletion shown in strikethrough):
(D) Master Sign Programs. A master sign program shall be submitted for review and approval in relation to new office or shopping center construction or substantial façade improvements of an existing office or shopping center, when either contain four or more businesses or uses prior to the issuance of any sign permits. (See the master sign program submittal requirements in Section 25.54.018(A).) In order to assure aesthetic compatibility, the approval authority Planning Commission may establish whatever conditions are deemed necessary to maintain appropriate design, continuity and harmony of the signage for the site.

SECTION 36.SECTION 37. Code Amendment. Subdivisions (E), (F), and (G) of Section 25.54.018 (General Permit Procedures) of Chapter 25.54 (Sign Regulations) in Title 25 (Zoning) is hereby amended as follows (additions shown in underline and deletion shown in strikethrough):
(E) Signs Eligible for Administrative Approval. Except for luminous tube signs, signs may be eligible for administrative review and approval by the director of community development, if they meet the following criteria. At the discretion of the director, such signs may be referred to the appropriate approval authority the Planning Commission for review. Eligible signs include:
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(1) Signs in compliance with an approved master sign program; (2) Signs that meet all of the following conditions:
(a) The sign(s) must meet all applicable design standards as set forth in this chapter, including but not limited to Section 25.54.010 and Tables 1 and 2 at the end of this chapter;
(b) The sign(s) shall must not cause the total signage to exceed the maximum allowable sign area for the site; and
(c) The letter or font height must shall not exceed eight fourteen inches. (3) Temporary signs which comply with the requirements of Section 25.54.020.

Temporary signs or temporary sign programs for city council approved special events are not eligible for administrative approval. (4) Replacement of signs previously authorized by a sign permit provided that the sign meets all applicable design standards as set forth in this chapter, including but not limited to Section 25.54.010 and Tables 1 and 2 at the end of this chapter.
(5) Signs that are not eligible for Administrative Approval shall be considered by the Planning Commission.
(F) Appeals of a Determination by the Community Development Director. Any person disagreeing with a determination of the Community Development Director or Planning Commission shall have the right to appeal in accordance with the appeal provisions in Section 25.05.070to the appropriate approval authority. The appeal must be filed within ten business days after such determination and shall be heard at the next regular meeting of the appropriate approval authority. (G) Creativity Encouraged. Except for the community development department director, the approval authority The Planning Commission may, at his or her its discretion, grant permits for signs not otherwise in conformance with this chapter up to a twenty-five percent increase in allowable sign area or height, if it finds the sign design to be extraordinarily creative and significantly contributing to the charm and character of Laguna Beach.

SECTION 37. Code Amendment. Subdivision (A) of Section 25.54.026 (Arts Organizations) of Chapter 25.54 (Sign Regulations) in Title 25 (Zoning) is hereby added to read as follows:

25.54.026 Arts and cultural organizations
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(A) Signs, Façade Changes and Sign Programs for Arts and Cultural Organizations. It is recognized that certain public benefit non-profit arts and cultural organizations, specifically such as the Festival of Arts, the Sawdust Festival, the Art-A-Fair, the Laguna Playhouse, the Laguna Art Museum and the Laguna College of Art and Design, conduct annual or ongoing special events which have special needs in terms of the audience or patrons they serve which may not be adequately addressed by the sign requirements applicable to private commercial enterprises. (B) Criteria. The above a Arts organizations and cultural organization may apply for and receive approval for sign permits or sign programs, including façade changes, from the planning commission in accordance with the provisions of this section.

The proposed plans for a sign, façade change or sign program must: (1) specify the size and design for each sign or façade change; (2) the maximum display term; and (3) the location of each sign. The planning commission has complete discretion for these specifications, regardless of the other provisions of this chapter. The approved signs, façade changes or sign programs shall minimize clutter, be compatible with the village character of Laguna Beach, reflect an integration with the site's surroundings, promote the purpose and mission of the arts organization and not significantly differ from the historic pattern of the arts and cultural organization's signage and façade presentation.
(C) Administrative Approval. The planning commission may authorize administrative approval by the director of community development for new signs or changes to existing signs subject to and in accordance with an approved sign program. The planning commission may establish special criteria for such administrative approvals by the director when it approves an arts and cultural organization's sign program.
(D) Commercial Events. Signs for any type of private commercial events located at an arts and cultural organization's site shall require separate sign permits and be subject to the requirements of this chapter.

SECTION 38. Code Amendment. Subdivision (H) of Section 25.55.006 (Permits Required) of Chapter 25.55 (Wireless Communication Facilities) is hereby added to read as follows:

Section 25.55.006 (Permits Required)
In addition to the permit requirements described below, the permit requirements of Chapter 25.07 Coastal Development Permits remain applicable except when inconsistent with federal law. . . .
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(H) Exemptions. Wireless Communications Facilities owned and operated by the City or other local or regional public agency do not require a permit under this Chapter.

Such exempt wireless communications facilities shall fully comply with other applicable requirements of the Laguna Beach Municipal Code.

SECTION 39. Code Amendment. Section 25.56.011 (Major Remodels) is hereby added to Chapter 25.56 (Nonconforming Buildings, Lots, and Uses) of Title 25 (Zoning) to read as follows:

Section 25.56.011 (Major Remodels)
Whenever modifications to an existing building or structure constitute a major remodel, the construction shall be classified as a new building or structure subject to the current development standards of the subject zone, and all requirements applicable to the construction of a new building or structure including undergrounding requirements, required dedication of on- and off-site improvements, and payment of new development fees.

SECTION 40. Code Amendment. Chapter 25.58 (Amendments to General Plan) is hereby added to Title 25 (Zoning) to read as follows:

Chapter 25.58 (Amendments to General Plan)

25.58.010 Purpose
The purpose of this chapter is to establish procedures for making changes to the General Plan, as provided for in applicable law when there are reasons to do so. These circumstances include, without limitation, changes in applicable law, in the public interest, property owner interest, opportunities that were unanticipated at the time of General Plan adoption or the last amendment, or as required by State law.

25.58.020 Applicability
(A) The procedures of this chapter apply to all proposals to change the content of the General Plan.
(B) The City Council, by resolution, shall establish and from time to time amend a schedule of fees imposed for any initiation or application to change the content of the General Plan.

25.58.30 Initiation of Amendments
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(A) Request. A request to initiate an amendment to the General Plan may be submitted by an applicant or the City. This request must occur before the City processes any applications associated with the request to amend the General Plan. (B) Initiation Factors. The following factors must be considered by the City Council for the initiation of a non-City applicant’s proposed General Plan amendment:
(1) The amendment proposed appears to be consistent with the Guiding Principles and Goals of the General Plan;
(2) The amendment proposed appears to have minimal to no material effect on the community or the General Plan;
(3) The amendment proposed provides additional public benefit to the community as compared to the existing land use designation or policy; (4) Public facilities appear to be available to serve the affected site, or their provision will be addressed as a component of the amendment process; or (5) The amendment proposed is required under other rules or regulations. (C) Public Hearing. The City Council will consider, deliberate, and act upon the initiation of all proposed General Plan amendments at a duly noticed public hearing.

If the General Plan Amendment request is not initiated, then the General Plan Amendment application will not be processed by the City. (D) Expiration. If a request to initiate a General Plan Amendment is approved by City Council, a General Plan Amendment application must be submitted within two years from the date of initiation. If no application for a General Plan Amendment is submitted within this time period, the approved initiation shall expire, become null and void, and shall not be subject to an extension.

25.58.040 Planning Commission Hearing and Recommendation (A) Hearing. Following City Council initiation and project processing by the City, the Planning Commission must conduct a duly noticed public hearing. (B) Recommendation to Council. Following the public hearing, the Planning Commission must make a written recommendation on the adoption or amendment of the General Plan or any Element thereof based on the findings listed below. A recommendation for approval must be made by a resolution carried by an affirmative vote of not less than a majority of the Planning Commission membership in accordance with California Government Code Section 65354. The Director must promptly transmit to the City Council the Planning Commission’s written recommendation, together with any maps, charts, studies, or other materials, including any required environmental analysis. 70 70 of 399
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(C) Required Findings. The Planning Commission must make all of the following findings in its recommendation to the City Council:
(1) The amendment is consistent with the guiding principles and goals of the General Plan.
(2) The amendment is deemed to be in the public interest.

25.58.050 City Council Hearing and Action
(A) Council Hearing. Before acting upon any proposed General Plan Amendment, the City Council must hold a duly noticed public hearing.
(B) Council Action. After the conclusion of the hearing, the City Council may approve, modify, or deny the proposed General Plan amendment. If the Council proposes any substantial modification not previously considered by the Planning Commission during its hearings, the proposed modification must first be referred back to the Planning Commission for its recommendation. (C) Required Findings. The City Council must make all of the following findings to amend the General Plan:
(1) The amendment is consistent with the guiding principles and goals of the General Plan.
(2) The amendment is deemed to be in the public interest.

SECTION 41. Section 21.08.030 (Lot Line Adjustments exempted.) of Chapter

21.08 (Subdivisions) in Title 21 (Plats and Subdivisions) is hereby amended as follows (additions shown in underline and deletion shown in strikethrough):

Section 21.08.030 (Lot Line Adjustments exempted.)
(A) In accordance with Section 66412(d) of the California Government Code, a lot line adjustment between two or more existing building sites, or between parcels of land contained within an existing building site, where the land taken from one building site is added to an adjacent building site, or where interior parcel lines are eliminated for the purpose of consolidation, and where a greater number of parcels than originally existed is not thereby created, is exempt from this Chapter, provided the lot line adjustment is approved by the City Council of the City of Laguna Beach and observes the following requirements:
(1) The project site described in the proposal consists of legal building sites as defined in Title 25 (Zoning) of this code;
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(2) The proposal does not create one or more building site(s); (3) Any land taken from one site will be added to an adjacent site and no additional sites will result from the lot line adjustment; (4) The project complies with the requirements of the California Environmental Quality Act;
(5) The proposal is consistent with the general plan;
(6) The parcels proposed to be adjusted by the lot line adjustment comply with all applicable zoning regulations or, in the case of existing, legal nonconforming lots, do not significantly or adversely increase the extent of such nonconformity;
(7) The lot line adjustment, in and of itself, will not result in the need for additional improvements and/or facilities;
(8) The proposal does not include any lots or parcels created illegally; (9) The project does not impair any existing access, create a need for new access, impair any existing easements or create a need for any new easements serving any adjacent lots or parcels.
(B) Application. Lot line adjustment applications shall be filed by the legal owner(s) on a form prescribed by the Director of Community Development and submitted with a fee as established by resolution of the City Council. Since the forms, if approved, must be filed for record with the Orange County recorder they shall be drawn in a clear, legible, and professional manner using conventional surveying or civil engineering techniques. An acceptable current title report, excerpt or lot book report that verifies the legal ownership of the parcels under consideration shall be submitted.
(C) Approval Authority. All lot line adjustments are considered development and therefore require a Coastal Development Permit in the Coastal Zone. Other permits may also be required.
(1) An application for a lot line adjustment shall be reviewed in conjunction with whatever other permits are required for the project in the underlying zone; the approval authority for the lot line adjustment shall be the same as the approval authority for the permits required by the underlying zone or other City rule or policy.
(2) In the case where the project only requires a lot line adjustment and a coastal development permit, the project applications may be approved or denied by the Director of Community Development. The Department of Community Development shall set a public hearing date before the Director of Community Development or designee and noticing shall be provided in 72 72 of 399
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accordance with the requirements of Section 25.05.065 and Section

25.07.014.
(D) Recording. Any failure to file for the record an approved lot line adjustment form within ninety days from the date of approval by the City Council Director of Community Development, or from the date of a final decision, whichever is later, shall result in a termination of approval unless prior to expiration an application for extension not to exceed an additional ninety days is submitted in writing for approval by the Director of Community Development.

SECTION 42. Code Amendment. Section 22.10.010 (Permits required) of Chapter

22.10 (Permit Required) of Title 22 (Excavating, Grading, and Filling) is hereby amended to add subsection (e)(6) to read as follows:
(e) Exceptions. A grading permit shall not be required for any of the following conditions, but in all other respects the provisions of this title shall apply:
. . .
(6) Backfill for a swimming pool if authorized by a valid building permit.

SECTION 43. Severability. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council of the City of Laguna Beach hereby declares that it would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

SECTION 44. CEQA. This Ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines Section 15301 because it consists of the operation, repair, maintenance, permitting, leasing, licensing, or 73 73 of 399
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minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. Here, the recommended action meets the exemption because the City is amending its code to improve procedural efficiencies and to comply with state law. The City is not authorizing new uses that are not already established within the City through this ordinance. Furthermore, under State CEQA Guidelines Section 15265, CEQA does not apply to activities and approvals pursuant to the Coastal Act necessary for the preparation and adoption of a local coastal program because the Coastal Commission’s LCP review and approval procedures have been found to be functionally equivalent to the environmental review process. Therefore, the adoption of the Ordinance amending the City’s local coastal program is statutorily exempt from CEQA. Upon taking the recommended action, City staff will cause to be filed within five calendar days a notice of exemption with the County and State Clearinghouse.

SECTION 45. Effective Date. This Ordinance shall become effective thirty (30) days following its adoption by the City Council and upon concurrence by the California Coastal Commission.

SECTION 46. Publication. The City Clerk shall certify to the adoption of this Ordinance. Not later than fifteen (15) days following the passage of this Ordinance, the Ordinance, or a summary thereof, along with the names of the City Council members voting for and against the Ordinance, shall be published in a newspaper of general circulation in the City.

ADOPTED this _____ day of ____________, 2026.

Mark Orgill, Mayor
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Ann Marie McKay, City Clerk
APPROVED AS TO FORM:
____________
Megan Garibaldi, City Attorney
I, Ann Marie McKay, City Clerk of the City of Laguna Beach, do hereby certify that the foregoing Ordinance No. XXXX was introduced at a regular meeting of the City Council on _______________, 2026, and was finally adopted at a regular meeting of the City Council of said City held on _______________, 2026, by the following vote:

AYES: COUNCILMEMBER(S):

NOES: COUNCILMEMBER(S):

ABSTAIN: COUNCILMEMBER(S):

ABSENT: COUNCILMEMBER(S):

City Clerk, City of Laguna Beach, CA
.
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ORDINANCE NO. XXXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF LAGUNA BEACH, CALIFORNIA, AMENDING ITS

LOCAL COASTAL PROGRAM AND MUNICIPAL CODE
TO MODIFY TITLE 25 (ZONING), TITLE 21
(SUBDIVISIONS), AND TITLE 22 (EXCAVATING,

GRADING, AND FILLING) TO STREAMLINE THE
DESIGN REVIEW AND OTHER PERMIT PROCESSES;

AND FINDING SAID ACTION EXEMPT FROM THE

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH DOES ORDAIN AS FOLLOWS:

SECTION 1. Recitals. The recitals set forth above are true and correct and are hereby adopted as findings in support of this Ordinance as if fully set forth herein. 76 of 399
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SECTION 2. Code Amendment. Section 25.05.015 (Form of application, fees, and permit compliance.) of Chapter 25.05 (Administration) of Title 25 (Zoning) is hereby amended to read as follows (additions shown in underline and deletion shown in strikethrough):
(A) Prescribed by the Director of Community Development. (1) The Director of Community Development shall prescribe the form and scope of all variances, changes of district boundaries or reclassifications, general plan amendments and all other planning or development applications as identified in Chapter 25.05, and of accompanying data to be furnished so as to assure the fullest practicable presentation of facts for proper consideration of the matter and for the permanent record. Forms for such purposes may be provided.
(2) Each planning and development application shall include verification by at least one of the owners of property involved or their authorized agent attesting to the truth and correctness of all facts and maps presented with such application.
(3) Applications filed pursuant to this Title shall be numbered consecutively in the order of their filing and shall become a part of the permanent official records of the Department of Community Development and shall be attached thereto and permanently filed therewith copies of all notices and actions pertaining thereto.
(B) Complete Planning and Development Applications.
(1) Except as otherwise prescribed by law, no later than 30 calendar days after receipt of a planning or development application, the Department of Community Development shall determine whether the application is complete or incomplete.
(2) In the event an application is determined to be incomplete, the applicant shall be notified as to additional materials required to continue processing the application.
(3) Within 30 calendar days of receipt of supplemental materials requested for applications previously determined incomplete, the Department of Community Development shall determine whether the application is complete.
(4) A decision determining an application to be incomplete may be appealed to the City Council by the applicant. The fee for such appeal is to be determined by City Council resolution.
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(C) Signatures. If signatures of persons other than the applicant are required, or offered in support of or in opposition to the application, they may be received as evidence of notice having been served upon them of the pending application or as evidence of their opinion on the pending issue, but they shall in no case infringe upon or govern in the free exercise of the powers vested in the City of Laguna Beach. (D) Filing Fee Collection. Before accepting for filing any request or application submitted relative to Title 25 of this Code, the Department of Community Development shall charge and collect a filing fee for each such request or application as determined by resolution of the City Council to cover the cost of making maps, sending out notices, and other incidental administrative expenses involved in the handling of the matter, including written staff reports. An application cannot be deemed complete without the payment of the require application fee.
(D) Refund of Filing Fees. Refund of all or any portion of the filing fees may be ordered by the Director of Community Development.
(E) Conformance by Officials. All officials or public employees vested with the duty or authority to issue permits or licenses where required by law shall conform to the provisions of this Title.
(F) Application. The provisions of this Title shall apply to all buildings, improvements, lots and premises, or portions thereof, owned, leased, operated or controlled by the City or any Department or officer thereof, or by any other municipal or quasimunicipal corporation or government, or any Department, Board or officer thereof. (G) Expiration of Application. If an applicant fails to provide any additional information requested by the Department of Community Development within ninety (90) days of the date the application was deemed incomplete, the application shall expire and have no force and effect, unless otherwise required by state law.

After the expiration of an application, future City consideration shall require the submittal of a new, complete application and associated filing fees.

SECTION 3. Code Amendment. Subsection (H)(1) of Section 25.05.025 (Variances) of Chapter 25.05 (Administration) of Title 25 (Zoning) is hereby amended to read as follows (additions shown in underline and deletion shown in strikethrough):
(H) Effective Date/Expiration Date.
(1) Decisions on Variance applications by the Board of Adjustment or Planning Commission, as applicable, shall become effective ten business 14 calendar days after the date of the decision, unless appealed to the City Council. 78 of 399
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SECTION 4. Code Amendment. Subsection (I)(1) of Section 25.05.030 (Conditional Use Permits) of Chapter 25.05 (Administration) of Title 25 (Zoning) is hereby amended to read as follows (additions shown in underline and deletion shown in strikethrough):

SECTION 5. Code Amendment. Section 25.05.040 (Design Review) of Chapter 25.05 (Administration) of Title 25 (Zoning) is hereby repealed and replaced to read as follows:

A. Intent and Purpose.
(1) The design review process is intended to achieve the following goals:
(a) That development projects comply with the applicable standards and design review findings and criteria;
(b) That development projects focus on quality designs, within a neighborhood context that results in creative design solutions for the City;
(c) That development occurs with an orderly and harmonious appearance, including associated facilities, such as signs, landscaping, and parking areas;
(d) That the development review process considers public and private views;
(e) That public health, safety, and general welfare throughout the City is paramount;
(f) That there is effective implementation of the applicable general and specific plan policies; and
(g) That development projects comply with the policies of the certified Local Coastal Program, including, but not limited to, the shoreline access, open space, environmentally sensitive habitat, hillside protection, and visual resource policies.
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(2) Approval Authority.
(a) The Design Review Board or Planning Commission, as appropriate, is the approval authority for Design Review projects identified in Section 25.05.040(B)(1).
(b) The Community Development Department is the approval authority for projects that are Exempt from Design Review (Zone Clearance), as specified in Section 25.05.040(B)(2).
(c) The Director of Community Development is the approval authority for Administrative Design Review as specified in Section

25.05.040(B)(3).
(d) The Director of Community Development, at his or her sole discretion, is authorized to refer projects that are subject to Administrative Design Review or exempt from Design Review, as specified in Sections 25.05.040(B)(3) and 25.05.040(B)(2), to the Design Review Board or Planning Commission, as appropriate. In determining whether to make such a referral, the Director may consider whether the project:
(i) Could alter significant physical characteristics within an unusually sensitive or highly visible area;
(ii) May create impacts on surrounding properties, based on staff review of the project or issues identified in prior Design Review proceedings; or
(iii) Presents other circumstances that, in the Director’s judgment, warrant review by the Design Review Board or
Planning Commission.
(e) Development Subject to Design Review, Exempt from Design Review (Zone Clearance), and Administrative Design Review may still require a Coastal Development Permit pursuant to the provisions of Chapter 25.07.

A landscape plan and an exterior lighting plan is required for such major remodel;
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(b) All new buildings, except as otherwise provided in Section

25.05.040(B)(2) relating to ADUs and new primary dwelling units.

25.08 (from the finished floor or from natural or finished grade, whichever is more restrictive or lower). A landscape plan and an exterior lighting plan is required for such improvement; (d) Major modifications, alterations, or other actions pertaining to historic resources that do not qualify for administrative approval under Section 25.05.040(B)(3);
(e) Any development in an environmentally sensitive area, unless a licensed professional has determined, subject to peer review, that the proposed development does not impact the environmentally sensitive area;
(f) Grading in excess of 20 cubic yards outside the building footprint, except as specified in Section 22.10.010(e);
(g) Retaining walls in excess of 5 feet in exposed height; (h) Clearing of native vegetation on undeveloped parcels and undeveloped portions of developed parcels, and native vegetation restoration plans, except for City required annual weed abatement and fuel modification;
(i) Shoreline and bluff protective devices;
(j) Portable and in-ground swimming pools and spas more than 3 feet above adjacent, legal ground elevation, except for portable spas that do not exceed 600 gallons;
(k) New vehicular access to streets or alleys, including the widening of an existing driveway at the street to a width greater than the minimum required by Section 25.52.008(I)(2);
(l) Commercial or industrial parking and loading areas; (m) Permanent chain link or similar type of woven metal fences, and vinyl fences that do not simulate natural material;
(n) Trash storage or enclosures, except as provided in Section

25.05.040(B)(2) and Section 25.05.040(B)(3);
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(o) Major Capital Improvement Project, which means a project undertaken by the City that is determined by the Community Development Director, in consultation with other affected department heads, to require review by the Planning Commission prior to approval by the City Council of design and/or construction documents, based on the project’s proposed scope in terms of environmental, aesthetic, and/or land use effects on the community.

Typical examples of a Major Capital Improvement Project include, but are not limited to, the following:
(i) New or substantial alterations to parks, public buildings, community facilities, reservoirs, or bridges;
(ii) New or substantial alterations to drainage structures which involve significant changes to grades, hillsides, habitats, or views;
(iii) Street improvements which involve substantial expansion of right-of-way, removal of existing facilities, removal of significant vegetation (unless part of a fuel modification project or program) and/or major changes to community
character;
(iv) Design programs for city-wide features which are visible to the general public and contribute to community character, including but not limited to beach and park accessways, promenades, bridges, trails, and the City-owned property, where Festival of Arts and Pageant of the Masters is hosted. (2) Exempt from Design Review (Zone Clearance). The following types of projects shall require the issuance of zone clearance in compliance with Chapter 25.05.045, rather than design review. For avoidance of doubt, the zone clearance process shall not be used for any of the below projects that are in an environmentally sensitive area (unless a licensed professional has determined, subject to peer review, that the proposed development does not impact the environmentally sensitive area); such projects are subject to Design Review under (B)(1).
(a) Demolition, alteration, or addition that does not constitute a major remodel;
(b) An improvement that does not exceed a height of 15 feet, measured in accordance with the definition of “Height, building” in Chapter

25.08 (from the finished floor or from natural or finished grade, whichever is more restrictive or lower);
(c) In-kind replacement of improvements for repair and maintenance; 82 of 399
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(d) Interior modifications to existing structures that do not modify the exterior of such structures;
(e) Re-roofing of buildings or structures which do not result in white or light colored roofs, provided there are no changes to the dimensions, square footage, or roof pitch, and which will not result in glare through the use of materials, such as asphalt shingles or stainless steel, both at the determination of the Community Development Director;
(f) Annual weed abatement;
(g) Fuel modification project or program;
(h) Accessory dwelling units, only as set forth in Chapter 25.17; (i) Grading of 20 cubic yards or less outside the building footprint, except as specified in Section 22.10.010(e);
(j) Retaining walls 5 feet or less in exposed height;
(k) Hardscape that does not increase impervious surfaces, or that is proposed to comply with applicable fire prevention standards as determined by the Fire Official, and complies with all other applicable provisions of this chapter;
(l) Fences, walls and hedges that comply with Section 25.50.012 ("Fences, walls, hedges, latticework and screens"). For avoidance of doubt, this excludes permanent chain link or similar type of woven metal fences, and vinyl fences that do not simulate natural material, which are subject to design review under (B)(1);
(m) Decks, slabs, terraces, or patios elevated 3 feet or less above the adjacent, legal ground elevation;
(n) Landscaping of any vegetation, plants, bushes, or trees within the buildable area that is less than 15 feet at maintained height when measured from ground elevation adjacent to the location of the vegetation, plant, bush, or tree, provided that the plans identify and require that the landscaping is to be maintained at or below the heights reflected in the plans;
(o) Landscaping of any vegetation, plants, bushes, or trees in the rear or side yard at less than 6 feet at maintained height and in the front yard at less than 4 feet at maintained height when measured from the ground elevation adjacent to the location of the vegetation plant, bush, or tree, provided that the plans identify and require that the 83 of 399
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landscaping is to be maintained at or below the heights reflected in the plans; (p) Artwork approved through the procedures outlined in Chapter 1.09 ("Art in Public Places");
(q) Trash storage within the side yard when screened from public view by a wall or fence at least 4 feet in height and does not impact required access for the property;
(r) Railings;
(s) Skylights with operable automatic night shades;
(t) Portable and in-ground swimming pools and spas no more than 3 feet above adjacent, legal ground elevation, and portable spas that do not exceed 600 gallons;
(u) Water features;
(v) Mechanical equipment, including, but not limited to, air conditioners and pool/spa equipment, that meet the requirements of Section 7.25.130(c);
(w) Above-ground utility structures, which are below 4 feet in height when measured from adjacent, legal ground elevation, when incorporating colors, finishes, and landscaping to minimize visual impact, as determined by the Community Development Director, provided that the plans identify and require that the landscaping is to be maintained at or below the heights reflected in the plan and not to exceed the height of such above-ground utility structures; (x) Temporary on-grade removable accessory structures used as play sets, swing sets, other similar unenclosed recreation equipment, and storage sheds provided that:
(i) the structure does not exceed 120 square feet in size, (ii) the height is less than 12 feet above adjacent, legal ground elevation, and
(iii) minimum required setbacks of the underlying zone are met unless it receives administrative design review approval; (y) Certain telecommunication facilities subject to the provisions of Chapters 11.06 and 25.55;
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(z) New primary dwelling units that comply with all applicable objective development standards of this Zoning Code and the following requirements; provided, however, that is there is a conflict between the Zoning Code and the following requirements, the following requirements prevail as they are more restrictive in nature.

Reduced building setbacks in accordance with
Section 25.50.004(E) shall not be permitted.
(3) In any case where a special subdivision map building setback applies, the building setback shall be at least 20% greater than that requirement.
(4) Permitted projections into required yards in
accordance with LBMC Section 25.50.008 shall be
measured from the setbacks indicated by subsections
(1) – (3), directly above.
(iii) Landscaping. Landscaping of any vegetation, plants, bushes or trees within the buildable area shall not exceed 15 feet at maintained height when measured from the adjacent, legal ground elevation. Within the rear and side yards, such
vegetation shall not exceed a maintained height of 6 feet, or 4 feet within the front yard.
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(iv) Lighting. Exterior lighting must be fully shielded and aimed downward.
(v) Roof Decks. The primary dwelling unit does not include a roof deck. For purposes of this subsection, a "roof deck" is defined to mean a deck above the building.
(aa) De Minimis Capital Improvement Projects. For purposes of this subsection, capital improvement projects undertaken by the City may be deemed de minimis and subject to zone clearance pursuant to the Zoning Code based on the project’s proposed scope in terms of environmental, aesthetic, and/or land use effects on the community, or are emergency projects determined by the
Community Development Director to be necessary to preserve the health, safety, or welfare of the community. Examples of de minimis capital improvement projects include but are not limited to the following:
(i) Fuel modification project or program;
(ii) Emergency projects;
(iii) Roadway or trail improvements within existing rights-ofway; (iv) Pipeline, such as storm drain and sewer, installation, repair and maintenance; minor alterations to utilities;
(v) Alterations and repairs to parking lots;
(vi) Small habitat restoration projects as defined in Section 15333 of the CEQA Guidelines;
(vii) Sign replacements in the same size with similar materials, at the determination of the Community Development Director; (viii) In kind replacement of improvements for repair and maintenance;
(ix) Similar projects as determined by the Community
Development Director in consultation with other affected department heads.
(3) Administrative Design Review. Administrative Design Review before the Community Development Director or designee shall be required for the following projects and as set forth below:
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(a) The following projects are subject to the administrative design review process. For avoidance of doubt, the administrative design review process shall not be used for improvements that are in an environmentally sensitive area (unless a licensed professional has determined, subject to peer review, that the proposed development does not impact the environmentally sensitive area); such improvements are subject to design review under (B)(1). (i) Landscaping of any vegetation, plants, bushes, or trees within the buildable area that is 15 feet or higher at
maintained height when measured from the ground elevation adjacent to the location of the vegetation, plant, bush, or tree; (ii) Landscaping of any vegetation, plants, bushes, or trees in the rear or side yard at 6 feet or higher at maintained height and in the front yard at 4 feet or higher at maintained height when measured from the ground elevation adjacent to the location of the vegetation plant, bush, or tree;
(iii) Decks, slabs, terraces, or patios elevated more than 3 feet above the adjacent, legal ground elevation;
(iv) Minor alterations to historic resources consisting of replacement or modification of doors and windows; the
addition of first floor porches and decks; the replacement of roofing material or building siding; minor improvements to landscaping, hardscape, walls, fences, arbors, and other landscape features; and similar minor site or building
alterations, provided that any such alteration has been reviewed for conformance with the Secretary of the
Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (1995, Weeks and
Grimmer), as amended from time to time, as determined by the Community Development Director, or other similar
generally accepted resource, as determined by the
Community Development Director;
(v) Mechanical equipment, including, but not limited to, air conditioners and pool/spa equipment that do not meet the requirements of Section 7.25.130(C);
(vi) Additional covered or tandem parking as specified in Section

25.52.012(G);
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(vii) Decorative features such as fence posts, brick or stone columns which may extend up to twelve inches above the
maximum allowable height within the front yard;
(viii) Revocable Encroachment Permits when not associated with a project requiring a Design Review Board or Planning
Commission decision;
(ix) Re-roofing of buildings or structures which result in white or light colored roofs and which may result in glare through the use of materials, such as asphalt shingles or stainless steel, both at the determination of the Community
Development Director;
(x) Roof alterations that change the dimensions, square footage, or roof pitch;
(xi) Detached fireplaces;
(xii) Skylights without operable automatic night shades; (xiii) Telecommunication facilities subject to the provisions of Chapters 11.06 and 25.55 unless otherwise exempt;
(xiv) Above-ground utility structures, which are four 4 or higher in height when measured from adjacent, legal ground
elevation;
(xv) Trash storage located within the front yard setback, screened from public view by a wall or fence 4 feet in height (3 feet on a corner lot) and not impacting required access for the property;
(xvi) Extensions of time for design review permits;
(xvii) Minor Capital Improvement project, which means a project undertaken by the City that may be reviewed and approved administratively, based upon a determination by the
Community Development Director, in consultation with
other affected department heads, based on the project’s proposed scope in terms of environmental, aesthetic, and/or land use effects on the community. Typical examples of
minor capital improvement projects include, but are not limited to the following:
(1) Alterations to existing facilities resulting in exterior design changes;
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(2) Roadway or trail extensions within existing rightsof-way; (3) Replacement or renovation of damaged facilities or
structures resulting in exterior design changes;
(4) Small additions to existing structures resulting in exterior design changes;
(5) Construction or demolition of small structures
resulting in site or building design changes; and
(6) Slope and wall repair for public infrastructure.
(b) Except for decks, slabs, terraces, or patios elevated more than 3 feet above the adjacent, legal ground elevation (Section

In addition, the notice of waiver of public hearing for the pending action shall contain all of the following:
(1) A statement that a public hearing will be held upon the written request of any person provided that such
request is received by the Department within fifteen
(15) working days from the date of sending the
notice;
(2) The date of the notice;
(3) A statement that the project is appealable to the City Council;
(4) The final date to submit a request for a hearing;
(5) The date the design review permit will be granted if there is no hearing;
(6) A project description and a statement of why the
project qualifies for a waived public hearing;
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(7) A statement that failure by a person to request a
public hearing may result in the loss of that person's
ability to appeal to the City Council any action taken
by the City on such design review application;
(8) A statement that the project plans are available at the Community Development Department for inspection
during normal operating hours of the City.
(ii) Publication of Notice. The City shall publish a notice to issue administrative design review permit not requiring a public hearing one time at least ten days before the end of the public comment period. Such notices shall contain all the
information required in subsections (B)(3)(b)(i)(1) through (B)(3)(b)(a)(8) of this section above and Section 25.07.014.

Such notices shall be published online on the City's website or in a newspaper with general circulation in the City. (iii) If no request for public hearing is received by the Community Development Department within fifteen (15)
working days from the date of sending the notice pursuant to subsection (B)(3)(v)(ii) of this section, the permit is deemed approved.
(iv) An appeal of a decision on an administrative design review application is subject to the provisions of Section 25.05.070. (c) Upon receipt of a request for a hearing, or in the Community Development Director’s discretion not to waive the public hearing requirement, the Community Development Department shall schedule the matter for a public hearing and issue notice of such hearing consistent with the provisions of Section 25.05.065 and shall be subject to the following process:
(i) Staking Requirements for Administrative Design Review. If the Director of Community Development or his or her
designee otherwise determines that a project should be
staked, the staking requirements of subsections (C)(2) of this section shall be followed, except that the construction and certification of the staking shall be completed at least 14 calendar days prior to the public hearing.
(ii) Deliberation and Action on Administrative Design Review Applications. The Director of Community Development or
his or her designee shall conduct a public hearing for the designated administrative design review projects. After consideration of all testimony and evidence presented at the 90 of 399
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public hearing and the Design Review Findings specified in subsection (I) of this section, the Director of Community Development or his or her designee shall either approve, conditionally approve, or deny the application in writing. An appeal of a decision on an administrative design review application is subject to the provisions of Section 25.05.070, and Section 25.07.016 when a coastal development permit is required.

Communication efforts shall include notification mailed to all property owners within 300 feet of the applicant's property. The noticing must be prepared and mailed by a professional listing service. Certification to the accuracy, completeness of the list, and date the notice was mailed is required to be provided by the company, along with a copy of the materials sent. Early neighbor communication must be completed prior to being scheduled for a hearing date. The following information shall be included in the early neighbor notification notice:
(a) Applicant contact information.
(b) Location of the proposed project.
(c) A description of the proposed project.
(d) Information on how to participate in the design review process. (2) Staking Requirements.
(a) A staking plan shall be prepared as specified on the most current zoning and design review submittal checklist. Staking poles and connecting ribbons, which accurately represent the full extent of the proposed structure, including decks and eaves, shall be constructed at least 21 calendar days prior to the first public hearing. At least 21 calendar days prior to the first public hearing, the location and height of the staking poles must be certified as accurate by a registered land surveyor or registered civil engineer licensed to conduct land surveys in the State of California. If complete and certified project staking is not in place at least 21 calendar days prior to the first Design Review Board or Planning Commission public hearing date 91 of 399
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or 14 calendar days prior to the administrative design review public hearing, the project shall be continued to a later date. Neither the applicant, a relative of the applicant, nor any other person possessing a financial interest in the property or the project may certify the location and height accuracy of the staking poles. If the project is modified during the design review process because of a view consideration, privacy or other concerns that the design review authority determines is necessary to restake, the project shall be restaked and re-certified at least 14 calendar days prior to any subsequent public hearing.
(b) Staking poles shall be removed by the applicant within 20 calendar days after the City’s final decision on the design review application, after all local appeals are exhausted. The applicant's failure to remove the staking poles within the prescribed time period shall result in any remedies at law, including but not limited to code enforcement remedies.
(3) Biological Report Requirements. Prior to deliberation and action on a design review application, the applicant shall submit a biological report that is prepared by a professional in the fields of wildlife biology or botany for any proposal to clear native vegetation on undeveloped parcels that are located within or adjacent to areas designated high or very high value on the city's biological values maps and any other areas that contain environmentally sensitive habitat resources except for annual weed abatement and approved fuel modification programs.
(4) Fire Safety Standards Review. Prior to deliberation and action on a design review application for new construction and major remodels, the Fire Department or Building Division of the Community Development Department, as applicable, shall serve as the review authority for purposes of reviewing and approving or conditionally approving applications, including proposed fuel modification programs. Fuel modification programs or Alternative Materials and Methods (AM&Ms) requests, when determined necessary by the applicable review authority, are required for any parcel having an "FM"—Fuel Modification designation or Very High Fire Hazard Severity Zone on the City's Geographic Information Mapping system. The Cal Fire-designated Very High Fire Hazard Severity Zone is an overlay zone, and does not change the underlying zoning of Title 25. The review authority’s conditions of approval relating to public safety may not subsequently be modified by the design review authority without the review and approval of the Fire Department or Building Division of the Community Development Department, as applicable.

D. Filing Fee. Prior to accepting an application, the Department of Community Development shall charge and collect a filing fee as determined by resolution of the City Council.
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E. Public Notice. Public notice shall be subject to the provisions of Section 25.05.065, except that if a Coastal Development Permit is required pursuant to Chapter 25.07, noticing for that type of permit shall instead be carried out through the public notice provisions of Section 25.07.014.

F. Deliberation and Action on Applications.
(1) The authorities responsible for reviewing and making decisions on design review applications under Section 25.05.040(B)(1) are as follows:
(i) The design review board shall conduct a noticed public hearing on design review applications for all single-family or two-family developments, including associated public right-of-way improvements.
(ii) The planning commission shall conduct a noticed public hearing on all other design review applications, including but not limited to: residential development of three-families or more, all projects located in the downtown specific plan area, all non-residential development, public works projects, and projects for which the planning commission is the
primary discretionary review authority, such as approval of a conditional use permit.
(2) Upon the conclusion of the public hearing on a design review application, and the consideration of all testimony and evidence presented at the public hearing, the approval authority shall approve, conditionally approve or deny the application. Determinations of design review applications shall be by majority vote of the voting members of the approval authority present. (3) The approval, conditional approval, or denial of design review applications by the approval authority shall be based upon the design review findings set forth in subsection (I) this section. Additional findings and review criteria are specified in Section 25.07.012(F) and (G) when an associated Coastal Development Permit is required. Additional review criteria contained in specific plans and/or zoning overlays shall apply to projects located in areas covered by any such specific plans and/or zoning overlays. (4) The approval, conditional approval or denial of design review applications by the approval authority shall be accompanied by written findings correlated with the design review findings set forth in subsection (I). Section

25.07.012(G) requires written findings to be made when approving or conditionally approving an associated Coastal Development Permit. (5) Written notice of the approval, conditional approval or denial of design review applications shall be provided to the applicant or authorized agent within 14 calendar days of the date of the decision of the approval authority. 93 of 399
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(6) Landscaping Conditions. The approval authority shall condition all landscaping approvals with maintained growth height limits for all vegetation that potentially impacts views. The landscaping shall be installed in accordance with the approved landscape plans. Thereafter, the landscaping shall be continuously maintained (including replanting, as necessary) in compliance with the approved landscaping plans, unless such plans are subsequently modified pursuant to Section 25.05.060. Certain landscaping is subject to zone clearance pursuant to subsection (B)(2) of this section and must be maintained at approved heights. (7) Applications for design review approval constitute applications for a "permit" as that term currently is used in California Government Code Section 65009(c)(1), and as hereafter may be amended.

Articulation techniques including, but not limited to, separation, offsets, terracing and reducing any one element of the structure into smaller components, may be used to reduce the appearance of mass. (3) Environmental Context. Development should preserve and, where possible, enhance the City's scenic natural setting. Natural features, such as existing heritage trees, rock out-cropping, ridgelines, and significant watercourses should be protected. Existing terrain should be utilized in the design and grading should be minimized except when necessary to balance other design review criteria.
(4) General Plan Compliance. The development shall comply with all applicable policies of the general plan, including all of its elements, applicable specific plans, and the certified local coastal program. (5) Historic Preservation. Destruction, alteration, or other actions pertaining to historic resources must be consistent with Chapter 25.45. 94 of 399
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(6) Landscaping. Landscaping shall be incorporated as an integrated part of the structure's design and relate harmoniously to neighborhood and community landscaping themes. View equity shall be an important consideration in the landscape design. The relevant landscaping guidelines contained in the City's "Landscape and Scenic Highways Resource Document" should be incorporated, as appropriate, in the design and planned maintenance of proposed landscaping.
(7) Lighting and Glare. Adequate lighting for individual and public safety shall be provided in a manner which does not significantly impact neighboring properties. Reflective materials and appurtenances that cause glare or a negative visual impact (e.g. skylights, white rock roofs, high-gloss ceramic tile roofs, reflective glass, etc.) should be avoided or mitigated to a level of insignificance in those locations where those surfaces are visible from neighboring properties.
(8) Neighborhood Compatibility. Development shall be compatible with the existing development in the neighborhood and respect neighborhood character. Neighborhood character is the sum of the qualities that distinguish areas within the City, including historical patterns of development (e.g., structural heights, mass, scale or size), village atmosphere, landscaping themes and architectural styles. (9) Pedestrian Orientation. Commercial and mixed-use with commercial development design shall maintain, to the maximum extent possible, the existing pedestrian orientation and improve upon it, when feasible. Design techniques that support a pedestrian orientation may include articulated building masses, frequent building entrances, display windows near the sidewalk, outdoor activity spaces, and appropriate use of landscaping and lighting. Blank walls should be avoided, to the maximum extent feasible.

Commercial development design shall enhance and encourage pedestrian uses. Incorporation of articulated building masses, compact open spaces and courtyards, mixed use developments, use of landscaping as part of design, and orientation to pedestrian access should be maximized to the extent feasible.
(10) Privacy. The placement of activity areas (e.g., decks, picture windows and ceremonial or entertainment rooms) in locations that would result in a substantial invasion of privacy of neighboring properties should be minimized.
(11) View Equity. The development, including its landscaping, shall be designed to protect existing views from neighboring properties without denying the subject property the reasonable opportunity to develop. View equity is intended to balance preservation of views with the right to develop property. 95 of 399
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I. Design Review Findings. In order to approve a design review permit application, the reviewing authority shall make all of the following findings:
(1) The proposed design of the project complies with all applicable provisions of the Laguna Beach Municipal Code; and
(2) The physical improvements and site developments are designed and located in a manner that achieves consistency with the design review criteria specified in Section 25.05.040(H).

J. Appeals. Appeals of the design review authority are subject to the provisions of Section

25.05.070, and Section 25.07.016 when a Coastal Development Permit is required.

K. Effective Date/Expiration Date.
(1) A Design Review decision shall become effective 14 calendar days after the date of the decision, unless appealed to the City Council. (2) Design Review approval shall lapse and become void two years following the effective date if the privileges authorized by design review are not executed or utilized or, if construction work is involved, such work is not commenced within such two-year period and diligently pursued to completion.
(3) The Director of Community Development or his or her designee may grant approval, through the administrative design review process, a two-year extension of time and, after that initial extension of time, a final one-year extension of time. Such time extensions shall be requested in writing by the applicant or authorized agent prior to the expiration of the beginning twoyear approval period or a subsequently approved extension of time. (4) Extension of Time Findings. An extension of time of the beginning twoyear approval period may be granted by through the administrative design review process, if each of the following findings can be made:
(a) The zoning codes or standards applicable to the circumstances of the originally approved design review have not materially changed; and (b) The neighborhood character has not changed so as to be materially inconsistent with the findings made when design review was originally approved.

L. Reapplication Waiting Period. After denial of a project, no design review application for a project located on the same parcel or building site may be filed or accepted for filing for six months.

M. The actual development allowed after the application of the design review findings and criteria will typically be less than the maximum designated by the general standards for 96 of 399
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the zone because of localized conditions identified during the design review process. A proposed development that has no variances from the Zoning Code does not have any presumptive development right or “entitlement.”
SECTION 4. Code Amendment. Chapter 25.05 (Administration) of Title 25 (Zoning) is hereby amended to add Section 25.05.045 (Zone Clearance) to read as follows:

Section 25.05.045 (Zone Clearance)
(A) Purpose. Zoning clearance is the procedure used by the City to verify that a proposed use or structure complies with the activities allowed in the applicable zoning district and the development standards and other provisions of this Zoning Code.
(B) Applicability. Where this Zoning Code requires a zoning clearance as a prerequisite to establishing a use or structure, a zoning clearance shall be required at the time of the Department’s review of any of the following:
(1) Initiation of a Use. A zoning clearance shall be obtained before the initiation or commencement of any use of land not requiring the construction of a structure.
(2) Change of Use. Whenever a use is proposed to be changed or intensified, whether or not the new or intensified use involves a new lessee, operator, or owner, a zoning clearance shall be obtained.
(3) Building Permit, Grading Permit, or Other Construction Permit. A zoning clearance shall be obtained before the City issues a new or modified building permit, grading permit, or other construction-related permit required for the alteration, construction, modification, moving, or reconstruction of any structure.
(C) Review and Approval
(1) The Community Development Department shall issue the zoning clearance after first determining that the request complies with all Zoning Code provisions and other adopted criteria and policies applicable to the proposed use or structure.
(2) An approval may be in the form of a stamp, signature, or other official notation on approved plans, a letter to the applicant, or other certification, at the discretion of the Community Development Director. (3) Appeals. The Department’s action on a zone clearance request may be appealed to the City Council in compliance with Section 25.05.070, unless 97 of 399
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said zoning clearance is for ministerial approval in which case the Director is the final review authority.
(4) Coastal Development Permit. A coastal development permit may still be required in accordance with Chapter 25.07.

SECTION 5. Code Amendment. Chapter 25.05 (Administration) of Title 25 (Zoning) is hereby amended to add Section 25.05.060 (Subsequent Modification to Approved Permits) to read as follows:

25.07.016(C).
(B) Subsequent Modification to Other Approved Permits.
(1) Development or a use authorized through an administrative use permit, variance, conditional use permit, temporary use permit, and design review permit issued by the City in compliance with the City’s Code shall be established only as approved by the review authority, and in compliance with any conditions of approval, except where a change to the project is approved in compliance with this section.
(2) Application. An applicant shall request a proposed change in writing and shall also furnish appropriate supporting information and materials explaining the reasons for the request.
(3) Minor Changes Approved by the Community Development Director without a Public Hearing.
(i) The Community Development Director may authorize minor changes to an approved permit without a public hearing, where the Director first finds that the changes:
a. Are consistent with the requirements of the City’s Zoning Code; and
b. Do not involve a feature of the project that was a basis for findings for an exemption, negative declaration, mitigated 98 of 399
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negative declaration, or environmental impact report for the project; and c. Do not involve a feature of the project that was specifically addressed or was the subject of a condition(s) of approval for the project or that was a specific consideration by the applicable review authority in the project approval; and d. Do not result in an expansion or change in operational characteristics of the use; and
e. Do not alter the facts in support of the findings required by Section 25.07.012(G).
(ii) The Director may choose to refer any requested change to the original review authority for review and final action.
(C) Changes to Other Permits Approved by the City.
(1) Changes Approved by Original Review Authority. A proposed change that does not comply with the criteria identified in subsection (B)(3) of this section (Minor Changes Approved by the Director without a Public Hearing) may only be approved by the original review authority for the project through a new permit application filed and processed in compliance with the application provisions of Chapter 25.05.
(2) Conditions. If a proposed change is approved by the reviewing body, all terms and conditions of the original approval shall remain in effect, unless specifically removed or modified by the reviewing body. If a proposed change is denied by the reviewing body, the terms and conditions of the original permit shall remain in effect.

SECTION 6. Code Amendment. Subsection (C) of Section 25.05.065 (Public Notice) is hereby amended to read as follows (additions shown in underline and deletion shown in strikethrough):

Section 25.05.065 Public Notice.
. . .
(C) Content of Public Hearing Notices. All public hearing notices that are mailed, posted or published for a proposed project shall contain the information listed below.
(1) Time, date, address and location of the hearing;
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(2) Name of the approval authority holding the hearing; (3) A description of the proposed development and its proposed location; (4) The environmental determination;
(5) The name, title, telephone and email address of a staff contact person; (6) All case numbers for the proposed development related project case numbers, and project name, if any;
(7) The project applicant’s name;
(8) A statement, if applicable, of whether the proposed project is located within the coastal zone and appeal procedure; see the coastal development permit noticing requirements specified in Section 25.07.014, and Section

25.07.020 for emergency coastal development permit.

SECTION 7. Code Amendment. Subdivision (E) of Section 25.05.065 (Public Notice) of Chapter 25.05 (Administration) of Title 25 (Zoning) is hereby amended to read as follows (additions shown in underline and deletion shown in strikethrough):
(E) Posting of Public Hearing Notices. Notice of a public hearing shall be posted in three public places within the City, including on the project site, not less than ten calendar days prior to the date of the public hearing for administrative use permit, conditional use permit, design review, general plan amendment (for specific property), heritage tree, revocation, rezone, street abandonment, subdivision (parcel or tentative tract map), temporary use permit (decided by the planning commission) and variance applications.

SECTION 8. Code Amendment. Section 25.05.070 (Appeals and Requests for Review of Decisions) is hereby repealed and replaced with the following:

Section 25.05.070 Appeals and Requests for Review.
(A) Purpose. It is the intent and purpose of this section to provide standardized procedures for appeals and requests for review with respect to planning and development applications and requests.
(B) Allowed Appeals.
(1) Community Development Director Decisions.
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(i) Any decision by the Community Development Director or designee on a ministerial permit may be appealed to the Planning Commission or Design Review Board, as applicable, provided that the only allowed grounds for appeal shall be that the decision of the Community Development Director or designee has not complied with the applicable provisions of this Zoning Ordinance. Appeals of any determinations and requirements regarding coastal development permit processing, including exemptions, determinations relative to appealable development, etc. shall be as described in Chapter 25.07. (ii) Any decision by the Community Development Director or designee on a discretionary permit may be appealed to the Planning Commission or Design Review Board, as applicable. Appeals of any determinations and requirements regarding coastal development permit processing, including exemptions, determinations relative to appealable development, etc. shall be as described in Chapter 25.07. (2) Planning Commission and Design Review Board Decisions. Any decision rendered by the Planning Commission and Design Review Board may be appealed to the City Council. Similarly, any decision rendered by a board, committee, or commission appointed by the City Council will be processed in the same manner as set forth herein for the Planning Commission and Design Review Board decisions. Appeals of any determinations and requirements regarding coastal development permit processing, including exemptions, determinations relative to appealable development, etc. shall be as described in Chapter 25.07.
(3) Requests for Review. On its own initiative, the City Council may review any decision rendered by the Community Development Director, Planning Commission, or Design Review Board as follows:
(i) Decision to Review
a. One Council member may initiate review of a Community Development Director or Planning Commission/Design
Review Board decision, respectively, by filing a written request with the City Clerk, within 14 calendar days after the date of the decision.
b. The Council shall consider the “request for review” at its next regularly scheduled meeting.
c. If the Council votes to review the decision, a subsequent review hearing shall be scheduled to consider the merits of the review. Either action shall require an affirmative
majority of the legislative body vote.
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d. Where the City is the applicant or affected property owner, the City Manager may initiate proceedings for review of the decision or determination by written request to the City Clerk within 14 calendar days of the decision or
determination.
(ii) Applicant Notification. At the time the review body votes to initiate review, the applicant shall be informed of the aspects of the application and the decision that the review authority will consider. (iii) Notice of Hearing. Notice of the hearing shall be provided and the hearing shall be conducted in compliance with Section 25.05.065. (iv) A request for review shall not require any statement of reasons from the member(s) calling for review and therefore shall not represent support of or opposition to an application. No fee shall be required for a request for review. There shall be a presumption that the reason for the request is that the application may be of significant concern to the community or significant importance to the quality of life within the community and/or applicable land use policies and regulations. There shall be no inference or implication of bias or prejudgment due to a request for review being filed.
(C) Filing and Processing of Appeals.
(1) Form of Appeal and Timing.
(i) Appeals, other than City Council review, shall be submitted in writing and filed with the Community Development Department or City Clerk, as applicable, on a City application form, within 14 calendar days after the date the decision is rendered by the Community Development Director or Planning Commission/Design Review Board.
(ii) Appeals to the Planning Commission/Design Review Board and City Council shall include a statement specifying the basis for the appeal and the specific aspect of the decision being appealed. (2) Filing Fees.
(i) Appeals shall be accompanied by the filing fee set by the City Council’s Fee Resolution when the application is filed with the Community Development Department or City Clerk, as applicable.

No appeal shall be accepted or deemed filed unless such payment is made.
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(ii) Where more than one appeal is allowed, and if more than one appeal is filed, then following the filing expiration date for appeals, the City Clerk shall prorate the required appeal fee among the total number of appeals and refund the excess amount paid by each appellant. (iii) The Community Development Director is authorized to waive the filing fee for appeals upon a showing of good cause.
(3) Effect of Filing. The filing of an appeal in compliance with this Chapter shall have the effect of suspending the effective date of the decision being appealed, and no further actions or proceedings shall occur in reliance on the decision being appealed except as allowed by the outcome of the appeal. (4) Notice to Applicant. If the appellant is not the applicant, a copy of the appeal shall be provided to the applicant within seven days of its filing. (5) Report and Scheduling of Hearing. When an appeal has been filed, the Community Development Director shall prepare a report on the matter. The City shall schedule the matter, in its sole discretion, within ninety (90) days of the filed appeal, for consideration by the appropriate appeal body identified in Section 25.05.070(B). All appeals shall be considered during public hearings with notice provided in compliance with subsection (C)(6).

The City may consolidate hearings on all timely filed appeals for the same project.
(6) Notice Requirements. Public notice of the hearing for the appeal or request for review shall be subject to the provisions of Section 25.05.065, except that the public notice for appeals of Coastal Development Permits shall be instead carried out through the public notice provisions of Section

25.07.014.
(7) Withdrawal of Appeal. Once filed, an appeal may only be withdrawn by a written request submitted to the Community Development Director, with the signatures of all persons who filed the appeal.
(D) Hearing on Appeal.
(1) Upon the hearing of an appeal, the Planning Commission/Design Review Board, shall conduct a de novo hearing on the underlying application but shall be limited to the grounds specifically stated in the notice of appeal, if an appeal was filed. The Planning Commission/Design Review Board shall exercise its independent judgment as to the evidence. Nevertheless, there shall be a presumption that the decision or determination made by the approval authority was reasonable, valid, and not an abuse of discretion; and the appellant, if there is one, shall have the burden of proof of demonstrating otherwise by a preponderance of the evidence, including plans, presented. Abuse of discretion is established when (a) the agency has 103 of 399
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not proceeded in the manner required by law; (b) the order or decision is not supported by the findings; (c) the findings are not supported by evidence. (2) Upon the hearing of an appeal or request for review, the City Council shall conduct a de novo hearing on the underlying application but shall be limited to the grounds specifically stated in the notice of appeal, if an appeal was filed. The City Council shall exercise its independent judgment as to such evidence. Nevertheless, there shall be a presumption that the decision or determination made by the approval authority was reasonable, valid, and not an abuse of discretion; and the appellant, if there is one, shall have the burden of proof of demonstrating otherwise by a preponderance of the evidence, including plans, presented. Abuse of discretion is established when (a) the agency has not proceeded in the manner required by law; (b) the order or decision is not supported by the findings; (c) the findings are not supported by evidence.
(3) Hearings are subject to the provisions of Section 25.07.016 when a coastal development permit is required.
(E) Action on Appeal.
(1) At the hearing, the appeal body shall conclude the proceedings with one of the following actions.
(i) Affirmation or Reversal. The appeal body may, by resolution, affirm, affirm in part and reverse in part, or reverse the action that is the subject of the appeal.
(ii) Additional Conditions. When reviewing an appeal, the appeal body may adopt additional conditions of approval involving or related to the subject matter of the appeal.
(iii) Remand. The City Council may, but shall not be required to, remand the matter back to the Planning Commission/Design Review Board, as applicable, for further consideration. The Planning
Commission/Design Review Board, as applicable, shall not be allowed to remand the matter back to the Community Development Director.
(2) Deadlocked Vote.
(i) By Planning Commission/Design Review Board. In the event an appeal from an action of the Community Development Director results in a deadlocked vote by the Planning Commission/Design Review Board, the determination, interpreting decision, judgment, or similar action, the appeal shall be forwarded to the City Council 104 of 399
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for the City Council’s proceedings on the appeal, as specified in this Section. (ii) By City Council. In the event that an appeal from an action of the Planning Commission/Design Review Board results in a deadlocked vote by the City Council, the action of the Planning
Commission/Design Review Board (or Community Development Director), as appropriate, shall become final.

SECTION 43. Code Amendment. Subsection (B) of Section 25.07.008 (Exemptions) of Chapter 25.07 (Coastal Development Permits) of Title 25 (Zoning) is hereby amended to as follows (additions shown in underline and deletion shown in strikethrough):
(B) Record of Exemptions. Consistent with Section 25.07.014(A) of this chapter, the Community Development Director shall maintain a record of all development within the coastal zone that were exempted from the requirements of the coastal development permit process. This record shall be available on the City's website.

SECTION 44. Code Amendment. Section 25.07.012 (Procedures) of Chapter 25.07 (Coastal Development Permits) of Title 25 (Zoning) is hereby amended to add Subdivisions (J) and (K) to read as follows:
(J) Subsequent Modification to Approved Coastal Development Permits. 105 of 399
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(1) Development or a use authorized through a coastal development permit issued by the City in compliance with the City’s certified Local Coastal Program shall be established only as approved by the review authority, and in compliance with any conditions of approval, except where a change to the project is approved in compliance with this section. (2) Application. An applicant shall request a proposed change in writing, and shall also furnish appropriate supporting information and materials explaining the reasons for the request.
(3) Minor Changes Approved by the Community Development Director without a Public Hearing.
(i) The Community Development Director may authorize minor changes to an approved coastal development permit without a public hearing, where the Director first finds that the changes:
a. Are consistent with the requirements of the certified Local Coastal Program; and
b. Do not involve a feature of the project that was a basis for findings for an exemption, negative declaration, mitigated negative declaration, or environmental impact report for the project; and
c. Do not involve a feature of the project that was specifically addressed or was the subject of a condition(s) of approval for the project or that was a specific consideration by the applicable review authority in the project approval; and d. Do not result in an expansion or change in operational characteristics of the use; and
e. Do not alter the facts in support of the findings required by Section 25.07.012(G).
(ii) The Director may choose to refer any requested change to the original review authority for review and final action.
(4) Changes to Coastal Development Permits Approved by the City. (i) Changes Approved by Original Review Authority. A proposed change that does not comply with the criteria identified in subsection (J)(3) of this section (Minor Changes Approved by the Director without a Public Hearing) may only be approved by the original review authority for the project through a new permit application filed and processed in compliance with the application provisions of Chapter 25.07 (Coastal Development Review Procedures)
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(ii) Conditions. If a proposed change is approved by the reviewing body, all terms and conditions of the original approval shall remain in effect, unless specifically removed or modified by the reviewing body. If a proposed change is denied by the reviewing body, the terms and conditions of the original permit shall remain in effect. (5) Amendments to Coastal Development Permits Approved by the Coastal Commission. Amendments to coastal development permits approved by the Coastal Commission within an area where the Coastal Commission continues to exercise original permit jurisdiction shall not be processed by the City and instead shall be processed by the Coastal Commission. (K) Staking Requirements.
(1) A staking plan shall be prepared as specified on the most current zoning and coastal development permit submittal checklist. Staking poles and connecting ribbons, which accurately represent the full extent of the proposed structure, including decks and eaves, shall be constructed at least 21 calendar days prior to the first public hearing. At least 21 calendar days prior to the first public hearing, the location and height of the staking poles must be certified as accurate by a registered land surveyor or registered civil engineer licensed to conduct land surveys in the State of California. If complete and certified project staking is not in place as required, the project shall be continued to a later date. Neither the applicant, a relative of the applicant, nor any other person possessing a financial interest in the property or the project may certify the location and height accuracy of the staking poles. If the project is modified during the review process and the reviewing body determines it is necessary to restake, the project shall be restaked and re-certified at least 14 calendar days prior to any subsequent public hearing.
(2) Staking poles shall be removed by the applicant within 20 calendar days after the final project decision. The applicant's failure to remove the staking poles within the prescribed time period shall result in any remedies at law, including but not limited to code enforcement remedies. (3) The Community Development Director may waive this requirement in writing in the Community Development Director’s sole discretion.

SECTION 12. Code Amendment. Section 25.07.026 (Local Coastal Program amendments) of Chapter 25.07 (Coastal Development Permits) of Title 25 (Zoning) is hereby repealed and replaced with the following:
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(A) Purpose and Intent. The City Council may amend the Local Coastal Program when required by public necessity, convenience, and general welfare or protection of coastal resources, or where required by specific policies in the Local Coastal Program by following the procedure specified in this Chapter. For purposes of this Section, amendments of a certified Local Coastal Program includes, but is not limited to, any action by the City that authorizes the use of a parcel of land other than a use that is designated in the certified local coastal program as a permitted use of the parcel, except for temporary uses as defined in Section 25.05.035. Such amendments will not take effect until effectively certified by the Coastal Commission.
(B) Application
(1) Proposals
(a) Initiation. An amendment to the Local Coastal Program may be initiated by:
(i) Resolution of Intention of the City Council;
(ii) Property owners, or their duly authorized agents, by filing a complete and verified application with the Community
Development Department for amendments to the LCP
involving their property.
(iii) Any person authorized to undertake a public works project or proposing an energy facility development may request to amend the local coastal program, if the purpose of the
proposed amendment is to meet public needs of an area
greater than that included within such certified local coastal program that had not been anticipated by the person making the request at the time the local coastal program was before the Coastal Commission for certification.
(b) Contents of Amendment Applications. The amendment application shall include:
(i) All policies, plans, standards, objectives, diagrams, drawings, maps, photographs, and supplementary data
related to the amendment in sufficient detail to allow review for conformity with the requirements of the Coastal Act.

Written documents should be readily reproducible. An
amendment application may also need to include, where
applicable, a readily identifiable public access component as set forth in California Code of Regulations Section 13512. 108 of 399
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(ii) The application shall be accompanied by a map drawn to scale showing the location of the property concerned and the location of all highways, streets and alleys, public easements or Offers to Dedicate Public Easements and all lots and parcels of land within a distance of 500 feet from the exterior boundaries of the property involved. The accuracy of such map shall be the responsibility of the applicant.
(iii) A discussion of the amendment's relationship to and effect on the other sections of the certified LCP.
(iv) An analysis that meets the requirements of California Code of Regulations Section 13511 that demonstrates conformity with the requirements of Chapter 6 of the Coastal Act.
(v) Any environmental review documents, pursuant to CEQA, required for all or any portion of the amendment to the LCP. (vi) An indication of the zoning measures or implementation that will be used to carry out the amendment (unless submitted at the same time as the amendment to the Local Coastal
Program).
(c) Any application made pursuant to Paragraph (B)(1)(a)(ii) and (iii), above, shall be in writing and signed and verified by the owner of the land involved or by his authorized agent. If a person other than the owner makes the application, written authorization to act on behalf of the owner shall be submitted with such application. The application shall show or be accompanied by the legal description of the property for which the amendment is requested, and the street address or addresses, if any, or other common description of the premises.
(2) Review of Filing. An amendment to a certified LCP together with all necessary attachments and exhibits shall be deemed "submitted" after having been received and found by the Community Development Director to be in proper order and legally adequate to comply with this Section. The Community Development Director shall cause a date of receipt stamp to be affixed to all LCP submissions on the day they are so received and a stamp of the date of submittal on the day they are found to be properly submitted. (C) LCP Amendment Hearing and Notice. Upon receipt in proper form of an LCP amendment application, or upon receipt of a Resolution of Intention from the City Council, the Community Development Department shall set a public hearing before the Planning Commission.
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(1) Notice of Public Hearings. Notice of public hearings shall be given at least ten (10) days prior to the hearing. Such notice shall state the nature of the proposed change, location of the affected area, and the time(s) and place(s) of the scheduled hearing(s) and for accepting comments on the proposed amendment.
(a) For Amendments to LCP, the notice shall be provided as follows:
(i) By mail to all of the following parties:
(1) Any member of the public who has so requested;
(2) Each local government contiguous with the area that is the subject of the Amendment;
(3) Local governments, special districts, or port or
harbor districts that could be directly affected by or
whose development plans should be considered in
the Amendment;
(4) Regional, state and federal agencies that may have an interest in or be affected by the amendment;
(5) Local libraries and media;
(6) The Coastal Commission.
(7) Any reference in this subchapter to "interested
parties" or "public agency" shall include the
aforementioned persons or groups.
(ii) By posting the draft amendment to the City’s website in a format that can be downloadable.
(iii) By placing a display advertisement of at least one-fourth page in newspaper having the greatest circulation within the area affected by the proposed action.
(b) Following a public hearing, the Planning Commission shall recommend approval, modification, or denial of the proposed amendment to the City Council. The recommendation shall be by resolution carried by the affirmative vote of not less than the majority of the entire Commission. It shall be transmitted to the City Council within forty (40) days after the rendering of a decision. Such decision is final and conclusive and may not be reconsidered except upon referral by the City Council.
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(2) Council Hearing and Notice. After receipt of the Planning Commission's recommendation, the City Council shall hold a public hearing and shall give notice in the same manner as required for the Planning Commission in this Section above.
(3) Council Decision. After the required hearing, the City Council shall take actions on the Amendment by resolution or ordinance, as applicable, to either approve, modify, or deny the proposed amendments. (D) Required Findings. Before approval of any LCP Amendment, the City Council must make the finding that such amendment meets the requirements of, and is in conformity with, the LCP and the policies of Chapter 3 the California Coastal Act. (E) Certification of Local Coastal Program Amendments.
(1) Submittal to Coastal Commission. Any amendment approved by the City shall be submitted to the Coastal Commission in accordance with Sections 30510, 30512, 30513 and 30514 of the Public Resources Code and Sections 13551 and 13552 of the California Code of Regulations.
(2) Effective Certification. An amendment to the Commission-certified Local Coastal Program shall not become effective after City Council adoption until the amendment is submitted pursuant to the requirements of Section 13551 et seq. of the California Code of Regulations and is effectively certified by the California Coastal Commission pursuant to the requirements of Section 13544 et seq. of the California Code of Regulations. (3) Amendments Pursuant to PRC 30515 (Public Works Project or Energy Facility Development). LCP Amendments approved by the Coastal Commission pursuant to Public Resources Code Section 30515 shall be effectively certified upon final action by the Coastal Commission.

SECTION 13. Code Amendment. Section 25.08.010 (Words beginning with “E.”) of Chapter 25.08 (Definitions and Standards) in Title 25 (Zoning) is hereby amended to add the following definition in alphabetical order:
“Environmentally Sensitive Area” means any area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments. “Environmentally Sensitive Area” includes slopes of 30% or greater and areas designated as an “Environmentally Sensitive Area” on a map adopted by resolution of the City Council. 111 of 399
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SECTION 14. Code Amendment. Section 25.08.016 (Words beginning with “H.”) of Chapter 25.08 (Definitions and Standards) in Title 25 (Zoning) is hereby amended to modify the definition for “Height, building” (additions shown in underline):
“Height, building” means one or more of the following:
(a) The vertical distance from any point on the finished roof surface, including any roof-mounted or rooftop appurtenance, to the finished floor surface of the lowest floor measured directly below or to the natural or finished grade, whichever is more restrictive or lower. If the entire lowest floor, measured from the finished floor surface of the floor above, is located completely below natural or finished grade, whichever is more restrictive, then the building height shall be measured to the top of the finished floor of the next level directly above that subterranean level; (b) For purposes of measuring the height above the front lot line, an applicant may have the option of measuring by one of the following two options:
(1) The vertical distance from the curb, street centerline or property line to the highest point of the roof, whichever is the applicable measurement as required under the specific chapters of this title. The elevation of the curb shall be taken on top of the curb at a point created by the intersection of the 112 of 399
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curb and a line perpendicular to and intersecting the midpoint of the front lot line. In the event, there is no curb, height shall be measured from the centerline of the street to the top of the roof. The elevation of the centerline of the street shall be taken at a point created by the intersection of the centerline and a line perpendicular to and intersecting the midpoint of the front lot line; or
(2) At every point along the curb or street center line. (c) For purposes of measuring the height above the rear lot line, the elevation of the rear lot line shall be taken at every point along the rear property line. (d) Exception: Provided they do not exceed a maximum height limit set forth in Chapter 25.51, and provided further that no structure in excess of the specified building height shall be used for additional living or floor space, the following items may be permitted to a height in excess of that permitted within a zone when approved by the design review board pursuant to the procedures and findings of Chapter 25.05 as applicable: structures for the sole purposes of housing elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, skylights, spires, flagpoles, broadcasting and receiving antennae and chimneys.
(e) For development proposed on the seaward side of Pacific Coast Highway, where topography allows, no structures shall be constructed above the finish elevation of Pacific Coast Highway at the right-of-way line.

SECTION 15. Code Amendment. Section 25.08.018 (Words beginning with “I.”) of Chapter 25.08 (Definitions and Standards) in Title 25 (Zoning) is hereby amended to add the following definition in alphabetical order:
“Improvement” means any building, structure, feature, or object constituting a physical addition to real property or a structure on real property, or any part of such addition. Improvements include the construction of streets and all related appurtenances bridges, utilities, pedestrian ways, bikeways, trails, or landscaping and irrigation in connection with an approved development or public works project, whether involving the subdivision of land or not. 113 of 399
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SECTION 16. Code Amendment. Section 25.08.022 (Words beginning with “L.”) of Chapter 25.08 (Definitions and Standards) in Title 25 (Zoning) is hereby amended to add the following definitions in alphabetical order:
“Landscaping” means an area devoted to or developed and maintained with native or exotic plantings, lawn, groundcover, gardens, trees, shrubs, and other plant materials, and associated decorative outdoor landscape elements.
“Landscape plans” means plans prepared to depict proposed landscaping and irrigation on a development site, which include a planting plan and an irrigation plan drawn to the same scale as the grading plan, that clearly and accurately identify specified plants, irrigation layout equipment, finish grades and drainage, specifications and construction details, plan sheet numbers, and drawing date of plans.

SECTION 17. Code Amendment. Subdivision (E)(1)(c) and (E)(1)(d) of Section

25.10.008 (Property development standards) of Chapter 25.10 (R-1 Residential Low Density Zone) of Title 25 (Zoning) is hereby amended as follows (additions shown in underline and deletion shown in strikethrough):
(E) Yards
. . .
(1) General Provisions
. . .
(c) The maximum lot area which may be occupied by habitable enclosed building space and covered off-street parking shall depend on lot size. For lots four thousand 4,000 square feet and under, site coverage shall not exceed forty-four percent; for lots greater than four thousand 4,000 square feet and less than 8,000 square feet, the maximum site coverage shall be calculated using the formula below; and for lots eight thousand 8,000 square feet and over, site coverage shall not exceed thirty-five 35 percent. The maximum site coverage percentage permissible on any residential lot shall be calculated using the following formula:

Building Site Coverage (%) = 35 + (8,000-A) x 9
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4,000
Where A = lot area (square feet)
For example, if the lot area is six thousand six hundred twenty-five 6,625 square feet, the maximum allowable building site coverage would be calculated as follows:

Lot Area (A) = 6,625 square feet
Building Site Coverage (%) = 35 + (8,000-A) x 9
4,000
= 35 + (1,375) x 9
4,000
= 35 + 3.094
BSC (%) = 38.09
(d) The Design Review Board is authorized to modify the building site coverage requirement identified in subsection 25.10.008(E)(4)(c), above, upon a finding that shall only be modified by the design review board when it is necessary to preserve views, preserve privacy, reduce heights, or to maintain neighborhood development patterns. In no event shall the Design Review Board modify such requirement by more than five percent. In no event shall the Design Review Board modify such requirement by more than five percent.

SECTION 18. Code Amendment. Subdivision (E)(3)(a)(2) of Section 25.10.008 (Property Development Standards) of Chapter 25.10 (R-1 Residential Low Density Zone) in Title 25 (Zoning) is hereby amended as follows (additions shown in underline and deletion shown in strikethrough):
(E) Yards
. . .
(3) Side Yard.
(a) The width of each side yard shall be not less than ten 10 percent of the average lot width, but in no case less than three 3 feet; except 115 of 399
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that when the average lot width is forty 40 feet or greater, no side yard shall be less than four 4 feet.
. . .
2) Side yards shall not be used for accessory buildings, clotheslines, air conditioning or pool equipment, the storage of trailers, boats, campers or other materials, or the regular or constant parking of automobiles or other vehicles, except for the required additional parking space when approved by the Design Review Board in accordance with Section 25.52.012(f).

SECTION 19. Code Amendment. Sections 25.15.002 (Intent and Purpose) and

Section 25.15.002 (Intent and Purpose)
The intent and purpose of this zone is to allow for low-intensity, residential development that addresses concerns for public health and safety and promotes the design criteria set forth in Section

The following design criteria standards have been established to help ensure that future development proposals take the proper steps to avoid adverse impacts on these unique resources.

In addition, all development proposals shall be subject to the zoning standards and design review procedures of this chapter and shall be strictly evaluated for conformance with the city's general 116 of 399
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plan, with particular emphasis on the open space and conservation element. As part of the environmental review process for any project, the city shall require detailed environmental studies to identify specific impacts, measures to avoid those impacts and, when allowable impacts are unavoidable, the necessary mitigation measures.
(A) To ensure compliance with the applicable General Plan policies, aAll development proposals shall be subject to the following standardscriteria :
(1) Building Site. Development Buildings and other improvements should be located on a slopes of less than thirty percentand shall be situated such that they do not adversely impact any environmentally sensitive areas, and should minimize impacts to ridgelines, geologic hazard areas and unique landforms.
(2) Mass and Scale. The height and scale of the building(s) should respect the natural surroundings and unique visual resources by incorporating designs which minimize bulk and mass, follow natural topography and minimize visual intrusion on the natural landscape.
(3) Building Size. In addition to the mass and scale of the residence, the total square footage shall also be maintained at a size compatible with the open space characteristics of the hillsides. Residential designs should blend in with the surroundings, while minimizing their prominence to public view.

Alternative means to thinning and/or removal of native vegetation for fire hazard management such as minimizing the building envelope, and/or siting of the structure(s) away from hazard areas, and/or use of fire retardant 117 of 399
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design and materials are preferred where feasible. The fuel modification plan shall be in compliance with all Fire Department fuel modification requirements, and may qualify as development requiring a coastal development permit that is subject to the provisions of Chapter 25.07, including instances when such a plan constitutes development that is not exempt pursuant to Section 25.07.008 because it would impact environmentally sensitive habitat areas.

SECTION 20. Code Amendment. Subsection J (Fences and Walls) of Section

25.15.010 (Property development standards) of Chapter 25.15 (R/HP Residential/Hillside Protection Zone) in Title 25 (Zoning) is hereby amended as follows (additions shown in underline and deletion shown in strikethrough):
(J) Fences and Walls. All fences and walls shall be subject to the provisions of Section 25.50.012 as well as the following standards:
(1) Except as provided for in subsection (2) below, any fencing shall be located within one hundred 100 feet of the main dwelling principal structure. If no dwelling principal structure exists on the lot, a fence is not permitted. (2) Requests for security or safety fences which are not addressed in the Building Code may be exempt from the provisions of
subsection (1) abovebelow, subject to design review board approval which includes a finding that the fence is necessary for the preservation of public health, safety and welfare.

SECTION 21. Code Amendment. Section 25.15.012 (Required findings) of Chapter 25.15 (R/HP Residential/Hillside Protection Zone) of Title 25 (Zoning) is hereby repealed.

SECTION 22. Code Amendment. Subsection B (Design Review) of Section

25.24.005 (Property development standards) of Chapter 25.24 (Lagunita Zone) of Title 25 (Zoning) is hereby amended as follows (additions shown in underline and deletion shown in strikethrough):
(B) Design Review.
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(1) Intent and Purposes. The intent and purpose of this section is to establish design review standards and controls over private development in the Lagunita residential community. It is recognized that there are unique design aspects inherent in the Lagunita community that need to be preserved and enhanced, particularly with respect to preserving existing views and view corridors. The design criteria, as established herein, shall be utilized for all projects proposed within the Lagunita Zone. Prior to any discretionary review by the city, the Lagunita Community Association shall conduct its own project review. The Community Development Department shall notify the Association in writing when the City has received an application with reference to the submitted plans and with information that comments are due within thirty days of when the Community Development Department mails or otherwise sends the written communication to the Association. The Association will may submit a letter of comment to the city for its consideration within thirty days of when the Community Development Department mails or otherwise sends the written communication to the Association. The lack of the comment letter from the Association after the appropriate thirty day notice period afforded by the City will not prevent the City from proceeding with consideration, approval, or denial of the application; however, the City’s processing and decision on the application shall not be delayed or extended to accommodate Association review beyond the timeframes required by applicable state law, including the Permit Streamlining Act (Government Code Section 65920 et seq.), or any other state-mandated deadlines. If compliance with such statelaw deadlines requires earlier action, the City may proceed to consider, approve, conditionally approve, or deny the application before the expiration of the thirty (30)-day comment period. prior to the design review board's review of the applicant's plans. The adoption of these design criteria will guide and ensure that all future growth contributes to preservation of the Lagunita community character.
(a) All buildings, structures, and improvements shall be evaluated on criteria in Section 25.05.040, and on the following additional view preservation criteria: a prime consideration for the Design Review Board in reviewing development applications including its landscaping shall be the maintenance of views and view corridors.

For purposes of this chapter, a “view corridor” shall be defined as a vista or scenic field of vision enjoyed from a residence between and/or above other structures of buildings. Property development standards for the Lagunita Zone shall represent the maximum allowable building envelope. The actual development allowed might be less than that designated by the general standards for the Lagunita Zone because of localized conditions identified during the design review process.
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SECTION 43. Code Amendment. Section 25.25.010 (Performance Standards/design criteria) of Chapter 25.25 (SLV, South Laguna Village Commercial Zone) in Title 25 (Zoning) is hereby repealed.

SECTION 44. Code Amendment. Section 25.28.040 (Design criteria) of Chapter

25.28 (Institutional Zone) of Title 25 (Zoning) is hereby repealed.

SECTION 45. Code Amendment. Section 25.35.070 (Design Review) of Chapter 25.35 (Specific Plan (Arch Beach Heights)) is hereby amended as follows (additions shown in underline and deletion shown in strikethrough) with re-numbering and re-lettering to occur in numerical and alphabetical order:

Section 25.35.070 Design review.
(A) All new residences and accessory structures, and additions to existing residences and accessory structures, are subject to the design and review as per the zoning ordinance. The design review board shall be guided by the development standards set forth in Section 25.35.080 in addition to the normal design review criteria findings in Section 25.05.040.
(B) Design review shall be limited to those Projects requiring design review shall be subject to the standards set forth in Sections 25.35.080 and 25.40.005. Additional guidelines may be adopted by resolution of the city council, upon recommendation of the design review board, when such guidelines are deemed warranted. (C) In the event that a project is disapproved by the design review board, the design review board shall state in writing the subsections of Section 25.35.080 or

SECTION 46. Code Amendment. Section 25.35.080 (Design Review development standards) of Chapter 25.35 (Specific Plan (Arch Beach Heights)) is hereby amended as follows (additions shown in underline and deletion shown in strikethrough) with re-numbering and relettering to occur in numerical and alphabetical order:
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25.35.080 (Design review development standards.)
(A) Intent and Purpose. It is the intent and purpose of this section to establish design review development standards and controls over public and private development in the Arch Beach Heights Tract. It is recognized that the area has specific design constraints relating to its visibility from the city below, historic development pattern and potential for fire. In this respect, it is the declared intent of the city that this section shall serve the following purposes:
(1) To establish standards and policies that will promote and enhance quality design, site relationships, and other aesthetic considerations of development in the Arch Beach Heights Tract.
(2) To improve and augment the controls now included in ordinances related to planning and building in order to promote development which is in the best interest of the public safety and welfare.
(3) To recognize the interdependence of land values and aesthetics and to implement these standards in the best interest of the city. (B) Standards.
(1) All designs shall demonstrate an individuality of design, which should be achieved primarily through a manipulation of the volume of the structure rather than by means of nonessential architectural details. (2) While individuality of design should be achieved, the thrust should be scaling down rather than duplication of existing bulk and size of existing structures.
(3) Lot coverage shall not exceed that specified in the zoning ordinance for R1 development. (4) All designs shall limit areas of large blank walls by carefully planned windows, porches, and smaller volumes.
(5) Harsh boxlike structures, and structures which make extensive use of glossy surfaces, or strong, glaring colors, shall be avoided.
(6) On downhill homes, all designs shall avoid vertical repetitive detailing which adds to the illusion of height.
(7) All designs shall minimize roof penetration by grouping all plumbing vents and ducts together.
(8) All vents, gutters, downspouts, louvers, exposed flashings, and service doors shall be treated as architectural design elements, and shall be painted to coordinate with the color scheme of the structure.
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(9) Roof decks should shall not be permitted above the uppermost story., nor should pParapets, walls, protective roof deck railings or and stair enclosures shall not exceed the roof height of the uppermost story, except as approved by design review.
(10) All exterior lighting should relate to the design of the structure, and the light emitted shall not adversely affect neighboring properties, exceed that reasonably necessary for security purposes, nor detract from the aesthetics of the property.
(11) All landscape plans shall address the functional aspects of landscaping such as drainage, erosion prevention, wind barriers, shade, sound absorption, dust abatement, and reduction of glare.
(12) Landscaping shall be used in front and rear yards to relieve solid, unbroken elevations and to soften continuous wall expanses.
(13) All designs shall incorporate the use of shrubbery and trees to reduce the appearance of height.
(14) The area between the underside of the building and finished grade should be completely enclosed, except as approved by design review. (15) There shall be provided a storage area for at least two garbage and trash containers, minimum forty-gallon capacity each, completely enclosed from view, easily accessible to the street. Such areas shall be protected by at least one-hour fire rating.
(16) A general storage area of at least 400 cubic feet, completely enclosed from view, shall be provided within each garage or carport, except as otherwise approved by design review.
(17) All developments should seek to minimize the difference between the natural grade and the finished project height by such methods as split level or stepping down the building along with the grade.

SECTION 27. Code Amendment. Section 25.39.100 (Design Review) of Chapter

25.29 (Specific Plan (Sarah Thurston Park)) of Title 25 (Zoning) is hereby repealed.

SECTION 28. Code Amendment. Section 25.44.060 (Architectural design criteria) of Chapter 25.44 (Three Arch Bay Zone) of Title 25 (Zoning) is hereby amended as follows 122 of 399
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(additions shown in underline and deletion shown in strikethrough) with re-numbering and relettering to occur in numerical and alphabetical order:

The adoption of these design criteria will guide and ensure that all future growth contributes to a preservation of the community character. Applicants should note that prior to City review, the Three Arch Bay Community Association will conduct its own plan review. The Community Development Department shall notify the Association in writing when the City has received an application with reference to the submitted plans and with information that comments are due within thirty days of when the Community Development Department mails or otherwise sends the written communication to the Association. The Association may submit a letter of comment to the City for its consideration within thirty days of when the Community Development Department mails or otherwise sends the written communication to the Association; however, the City’s processing and decision on the application shall not be delayed or extended to accommodate Association review beyond the timeframes required by applicable state law, including the Permit Streamlining Act (Government Code Section 65920 et seq.), or any other state-mandated deadlines. If compliance with such state-law deadlines requires earlier action, the City may proceed to consider, approve, conditionally approve, or deny the application before the expiration of the thirty (30)-day comment period. The lack of the comment letter from the Association after the appropriate thirty-day notice period afforded by the City will not prevent the City from proceeding with consideration, approval, or denial of the application.

In order to approve a design review permit, the City’s reviewing authority must make the following findings in addition to the findings at LBMC Section 25.05.040(I):
(A) While individuality of architectural style should be achieved, the design should conform to the established small-scale building character which is sensitive to existing topography and view preservation.
(B) All designs shall protect the privacy and views of neighboring properties especially in side and rear yard areas by providing architectural relief from large blank walls by proper placement of windows, porches, architectural pop-outs and other similar features.
(C) The minimum roof pitch on any building or structure shall be 3:12. Flat roofs and roof decks are prohibited.
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(D) Roof-mounted solar collectors shall not be visible from any street view; the solar collector shall not exceed the ridge elevation of the roof. (E) All development shall strive to be compatible with surrounding homes and the community with respect to architectural character, style, scale, mass and color. (F) Walls and fences should tie directly to the main building, enclosing only active use areas. Both wood and wrought iron fencing can be used when the material and color are compatible with the main building.
(G) All landscape and hardscape plans shall address the functional aspects of landscaping such as drainage, erosion prevention, wind barrier, shade, sound absorption, dust abatement and reduction of glare.
(1) Landscaping, as required, shall be provided in accordance with the community design and landscape guidelines as adopted by Resolution No. 89-104 and as hereafter amended.
(2) All residential and landscaping design shall preserve surrounding views of the ocean and, whenever possible, utilize trees and other vegetation to complement this viewshed.

SECTION 29. Code Amendment. Section 25.44.050 (Property development standards) of Chapter 25.44 (Three Arch Bay Zone) in Title 25 (Zoning) is hereby amended to add subsection M (Roof Pitch) to read as follows:
(M) Roof Pitch. The minimum roof pitch on any building or structure shall be 3:12. Flat roofs and roof decks are prohibited.

SECTION 30. Code Amendment. Chapter 25.49 (Diamond/Crestview Specific Plan) of Title 25 (Zoning) is hereby amended as follows (additions shown in underline and deletion shown in strikethrough):

Section 25.49.010 Intent and purpose.

Section 25.49.030 Development regulations.

SECTION 31. Code Amendment. Section 25.45.004 (Definitions) of Chapter

25.45 (Historic Preservation) in Title 25 (Zoning) is hereby amended as follows (additions shown in underline and deletion shown in strikethrough):
"Historic resource" means a property or structure that (1) is listed on the City's historic register, (2) is listed on the California Register of Historical Resources, (3) has been officially determined to be eligible for the California Register of Historical Resources by the State Historical Resource Commission, (4) is listed on the National Register of Historic Places, (5) has been officially determined to be eligible for the National Register of Historic Places by the National Park Service, or (6) the City is mandated by law to treat as a historic resource based on substantial evidence in light of the whole record. Generally, a resource shall be considered to be "historically significant" if the resource meets the criteria for listing on the California Register of Historical Resources. The absence of a fully executed and recorded written historic resource preservation agreement between a property owner and the City shall not, on its own, be considered conclusive evidence that the property is not listed on the City’s historic register.

SECTION 32. Code Amendment. Subsection B (Designation Procedures) of Section 25.45.006 (Historic register designation, criteria and procedures and removal from register) of Chapter 25.45 (Historic Preservation) in Title 25 (Zoning) is hereby amended as follows (additions shown in underline and deletion shown in strikethrough):
(B) Designation Procedures.
(1) The property owner shall complete the application for the proposed designation as a historic resource and inclusion on the register on a form 125 of 399
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provided by the department, include all information required and file the application with the department.
(2) The Heritage Committee will review the application for designation. In its consideration of placement on the register, the Heritage Committee may request additional information and plans for any future planned changes to the structure. There shall be no application fee for placement on the register. (3) Recordation of a written historic resource preservation agreement between the City and the property owner, acknowledging the owner's obligations and responsibilities to ensure preservation of the historic character of the resource shall be filed after the property is designated by the Heritage Committee for inclusion on the register. If the owner has applied for incentives, the recordation shall not occur until the owner's request, or the incentive has been acted upon. This agreement shall be recorded with the County and will apply to any subsequent owners. A property approved for the Register shall not be formally designated until the property owner executes the preservation agreement, and it is recorded with the County.

SECTION 33. Code Amendment. Subsection (A) of Section 25.45.008 (Incentives to properties on the city’s historic register) of Chapter 25.45 (Historic Preservation) of Title 25 (Zoning) is hereby amended as follows (additions shown in underline and deletion shown in strikethrough):
(A) Parking. The following benefits are subject to Design Review Board approval, except when a conditional use permit is required for the project, in which case the City Council Planning Commission shall be the final approval authority, with a recommendation from the Planning Commission.

SECTION 34. Code Amendment. Section 25.45.010 (Procedures for alteration of an historic resource) of Chapter 25.45 (Historic Preservation) in Title 25 (Zoning) is hereby amended as follows (additions shown in underline and deletion shown in strikethrough) with renumbering and re-lettering to occur in numerical and alphabetical order:
(A) Review. Prior to the issuance of a building permit to remodel or alter any historic resource, City staff shall review the proposed changes to determine if the proposal is consistent with the design review criteria, the Secretary of the Interior's Standards (SOIS) or the City's Local Design Guidelines. Interior changes shall not be 126 of 399
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reviewed unless the changes will alter a character defining features of the historic resource or if the interior area is publicly accessible.
(B) If the project is found to be consistent with the SOIS or the City's Local Design Guidelines, but otherwise requires design review pursuant to Section 25.05.040(B), the Heritage Committee shall make a recommendation to the approval authority prior to design review. Repair or replacement of existing materials with in-kind or historically appropriate materials, in the same location, does not require design review approval. Minor alterations may be subject to Section 25.05.040 (B)(3). (C) If staff believes the project is not consistent with the SOIS and/or the City's Local Design Guidelines, then after the appropriate environmental documentation has been prepared pursuant to CEQA, design review shall be required. The Heritage Committee shall make a recommendation to the approval authority prior to design review.
(D) Historic Resource Assessment Report. If an historic resource assessment has not been prepared for the property, the Heritage Committee or the design review authority may require that an historic resource assessment, paid for by the City, be prepared prior to the review of the project to evaluate the project impacts to the property.
(E) Environmental Determination. During its review, the design review authority will adopt the appropriate environmental determination pursuant to CEQA. An historic resource assessment may be required to evaluate a project's potential environmental impact. Projects that comply with the SOIS and the local design guidelines may be eligible for a categorical exemption.
(F) Pre-construction Meeting. Prior to the issuance of a building permit, a preconstruction meeting shall occur and shall consist of the property owner, contractor, inspector assigned to inspect the structure, a City staff member, the project architect/designer and historic monitor (if required). This meeting will be used to convey the obligations and responsibilities of the property owner and his or her contractors and architects in protecting and avoiding destruction of the identified historic fabric that is to be retained.
(A) Any action pertaining to a historic resource that qualifies for Administrative Design Review pursuant to Section 25.05.040(B)(3) may be approved administratively pursuant to the procedures set forth in that section, provided that such approval shall be based on finding that the proposed action is consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (1995, Weeks and Grimmer), as amended from time to time, as determined by the Community Development Director, or other similar generally accepted resource, as determined by the Community Development Director, in addition to other required findings. Before the project is scheduled for Administrative Design Review 127 of 399
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pursuant to Section 25.05.040(B)(3), Heritage Committee must review the project and make a recommendation on the project.
(B) Major modifications, alterations, or other actions pertaining to historic resources that do not qualify for Administrative Design Review shall require approval of a design review permit pursuant to Section 25.05.040(B)(1). Before the project is scheduled before the Design Review Board or Planning Commission, as appropriate, the Heritage Committee must review the project and make a recommendation on the project.
(C) Historic Resource Assessment. To evaluate whether a property is a historic resource or whether a project has effects on a historic resource, the Community Development Director may require a historic resource assessment report as follows:
(1) The Community Development Director may require a historic resource assessment report, paid for by the City, be prepared prior to the review of the project to evaluate whether the property is a historic resource. (2) The Community Development Director may require a historic resource assessment report, paid for by the applicant, be prepared prior to the review of the project to evaluate the impacts of the project on the historic resource. (D) Pre-construction Meeting. Prior to the issuance of a building permit, a preconstruction meeting shall occur and shall consist of the property owner, contractor, inspector assigned to inspect the structure, a City staff member, the project architect/designer and historic monitor (if required). This meeting will be used to convey the obligations and responsibilities of the property owner and his or her contractors and architects in protecting and avoiding destruction of the identified historic fabric, as defined in California Code of Regulations, Title 14, Division 3, Chapter 11.5, Appendix A, as amended from time to time, that is to be retained.

SECTION 35. Code Amendment. Section 25.45.012 (Historic property disclosure) of Chapter 25.45 (Historic Preservation) of Title 25 (Zoning) shall be amended to read as follows:

Section 25.45.012 Historic property disclosure.
(A) Agent Disclosure. If a property has been included in the register, the owner of the property or the owner's representative shall, in any real property transaction, provide the buyer of the property with notice informing the buyer of the property's listing on the register. Distribution of a current Real Property Report issued pursuant to Section 14.76.090 of this code to the buyer shall satisfy the requirements of this subsection.
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(B) Penalty. Any person who violates the provisions of subsection (A) of this section shall be subject to the penalties and remedies specified in Section 14.76.090 of this code.

SECTION 47. Code Amendment. Subsection (B)(6) of Section 25.50.012 (Fences, Walls, Hedges, Latticework and Screens) of Chapter 25.50 (General Yard and Open Space Provisions) of Title 25 (Zoning) is hereby amended as follows (deletion shown in strikethrough):
(6) Pedestrian entry features which only includes arbors, arched entries, arcades or finials may exceed the maximum allowable fence height in any yard subject to design review as provided for in Section 25.05.040 and the following standards:
(a) The maximum height shall not exceed 8 feet;
(b) The maximum pedestrian entry width shall not exceed 6 feet; (c) The maximum width of each side of the pedestrian entry for which there is proposed an architectural transition from the nominal fence height shall not exceed 3 feet.

SECTION 48. Code Amendment. Subsection (G) of Section 25.52.006 (Special provisions) of Chapter 25.52 (Parking Requirements) of Title 25 (Zoning) is hereby amended as follows (additions shown in underline and deletion shown in strikethrough):
(G) Incentives. The City Council Design Review Board or Planning Commission, as appropriate, may approve a conditional use permit, and a coastal development permit when required, upon recommendation by the approval authority, to reduce the parking standards required under this chapter where the proposed use provides for and promotes the use of alternative modes of transportation such as ride-sharing, carpools, vanpools, public transit, bicycle and walking; and where the reduced parking requirement will not adversely impact public access to beaches, parks, open spaces, and trails and one or more of the following conditions apply:
(1) The proposed use is a very low or low income, disabled, or senior housing project;
(2) The proposed use is a sidewalk cafe having outdoor seating available to restaurant customers, and when the outdoor seating is located on public property or right-of-way, to the general public as well, which contributes positively to the local pedestrian environment. The parking reduction may 129 of 399
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be granted on a temporary or seasonal basis and shall be limited to a maximum of five spaces; and
(3) The proposed use incorporates innovative parking solutions, such as a shuttle service program provided by the entity whose parking requirement has been reduced. Any proposed innovative parking solution shall provide parking mitigation measures at an equivalent ratio to the parking spaces required by Section 25.52.012(G) for the proposed intensification of use.

A parking study shall be prepared by a qualified engineer, retained by the entity whose parking requirement has been reduced, that reviews efficiencies, effectiveness and/or problems of the approved innovative parking solutions at one year and at five years from the date of their approval; and the study shall be provided to the City for review and assessment.

SECTION 49. Code Amendment. Subdivision (D) of Section 25.54.010 (Signs permitted on private property) of Chapter 25.54 (Sign Regulations) in Title 25 (Zoning) is hereby amended as follows (additions shown in underline and deletion shown in strikethrough):
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(D) Master Sign Programs. A master sign program shall be submitted for review and approval in relation to new office or shopping center construction or substantial façade improvements of an existing office or shopping center, when either contain four or more businesses or uses prior to the issuance of any sign permits. (See the master sign program submittal requirements in Section 25.54.018(A).) In order to assure aesthetic compatibility, the approval authority Planning Commission may establish whatever conditions are deemed necessary to maintain appropriate design, continuity and harmony of the signage for the site.

SECTION 39. Code Amendment. Subdivisions (E), (F), and (G) of Section

25.54.018 (General Permit Procedures) of Chapter 25.54 (Sign Regulations) in Title 25 (Zoning) is hereby amended as follows (additions shown in underline and deletion shown in strikethrough):
(E) Signs Eligible for Administrative Approval. Except for luminous tube signs, signs may be eligible for administrative review and approval by the director of community development, if they meet the following criteria. At the discretion of the director, such signs may be referred to the appropriate approval authority the Planning Commission for review. Eligible signs include:
(1) Signs in compliance with an approved master sign program; (2) Signs that meet all of the following conditions:
(a) The sign(s) must meet all applicable design standards as set forth in this chapter, including but not limited to Section 25.54.010 and Tables 1 and 2 at the end of this chapter;
(b) The sign(s) shall must not cause the total signage to exceed the maximum allowable sign area for the site; and
(c) The letter or font height must shall not exceed eight fourteen inches. (3) Temporary signs which comply with the requirements of Section 25.54.020.

Temporary signs or temporary sign programs for city council approved special events are not eligible for administrative approval. (4) Replacement of signs previously authorized by a sign permit provided that the sign meets all applicable design standards as set forth in this chapter, including but not limited to Section 25.54.010 and Tables 1 and 2 at the end of this chapter.
(5) Signs that are not eligible for Administrative Approval shall be considered by the Planning Commission.
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(F) Appeals of a Determination by the Community Development Director. Any person disagreeing with a determination of the Community Development Director or Planning Commission shall have the right to appeal in accordance with the appeal provisions in Section 25.05.070to the appropriate approval authority. The appeal must be filed within ten business days after such determination and shall be heard at the next regular meeting of the appropriate approval authority. (G) Creativity Encouraged. Except for the community development department director, the approval authority The Planning Commission may, at his or her its discretion, grant permits for signs not otherwise in conformance with this chapter up to a twenty-five percent increase in allowable sign area or height, if it finds the sign design to be extraordinarily creative and significantly contributing to the charm and character of Laguna Beach.

SECTION 40. Code Amendment. Subdivision (A) of Section 25.54.026 (Arts Organizations) of Chapter 25.54 (Sign Regulations) in Title 25 (Zoning) is hereby added to read as follows:

25.54.026 Arts and cultural organizations
(A) Signs, Façade Changes and Sign Programs for Arts and Cultural Organizations. It is recognized that certain public benefit non-profit arts and cultural organizations, specifically such as the Festival of Arts, the Sawdust Festival, the Art-A-Fair, the Laguna Playhouse, the Laguna Art Museum and the Laguna College of Art and Design, conduct annual or ongoing special events which have special needs in terms of the audience or patrons they serve which may not be adequately addressed by the sign requirements applicable to private commercial enterprises. (B) Criteria. The above a Arts organizations and cultural organization may apply for and receive approval for sign permits or sign programs, including façade changes, from the planning commission in accordance with the provisions of this section.

The proposed plans for a sign, façade change or sign program must: (1) specify the size and design for each sign or façade change; (2) the maximum display term; and (3) the location of each sign. The planning commission has complete discretion for these specifications, regardless of the other provisions of this chapter. The approved signs, façade changes or sign programs shall minimize clutter, be compatible with the village character of Laguna Beach, reflect an integration with the site's surroundings, promote the purpose and mission of the arts organization and not significantly differ from the historic pattern of the arts and cultural organization's signage and façade presentation.
(C) Administrative Approval. The planning commission may authorize administrative approval by the director of community development for new signs or changes to 132 of 399
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existing signs subject to and in accordance with an approved sign program. The planning commission may establish special criteria for such administrative approvals by the director when it approves an arts and cultural organization's sign program. (D) Commercial Events. Signs for any type of private commercial events located at an arts and cultural organization's site shall require separate sign permits and be subject to the requirements of this chapter.

SECTION 41. Code Amendment. Subdivision (H) of Section 25.55.006 (Permits Required) of Chapter 25.55 (Wireless Communication Facilities) is hereby added to read as follows:

Section 25.55.006 (Permits Required)
In addition to the permit requirements described below, the permit requirements of Chapter 25.07 Coastal Development Permits remain applicable except when inconsistent with federal law. . . .
(H) Exemptions. Wireless Communications Facilities owned and operated by the City or other local or regional public agency do not require a permit under this Chapter.

Such exempt wireless communications facilities shall fully comply with other applicable requirements of the Laguna Beach Municipal Code.

SECTION 42. Code Amendment. Section 25.56.011 (Major Remodels) is hereby added to Chapter 25.56 (Nonconforming Buildings, Lots, and Uses) of Title 25 (Zoning) to read as follows:

SECTION 43. Code Amendment. Chapter 25.58 (Amendments to General Plan) is hereby added to Title 25 (Zoning) to read as follows:
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Chapter 25.58 (Amendments to General Plan)

25.58.30 Initiation of Amendments
(A) Request. A request to initiate an amendment to the General Plan may be submitted by an applicant or the City. This request must occur before the City processes any applications associated with the request to amend the General Plan. (B) Initiation Factors. The following factors must be considered by the City Council for the initiation of a non-City applicant’s proposed General Plan amendment:
(1) The amendment proposed appears to be consistent with the Guiding Principles and Goals of the General Plan;
(2) The amendment proposed appears to have minimal to no material effect on the community or the General Plan;
(3) The amendment proposed provides additional public benefit to the community as compared to the existing land use designation or policy; (4) Public facilities appear to be available to serve the affected site, or their provision will be addressed as a component of the amendment process; or (5) The amendment proposed is required under other rules or regulations. (C) Public Hearing. The City Council will consider, deliberate, and act upon the initiation of all proposed General Plan amendments at a duly noticed public hearing.

If the General Plan Amendment request is not initiated, then the General Plan Amendment application will not be processed by the City. 134 of 399
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(D) Expiration. If a request to initiate a General Plan Amendment is approved by City Council, a General Plan Amendment application must be submitted within two years from the date of initiation. If no application for a General Plan Amendment is submitted within this time period, the approved initiation shall expire, become null and void, and shall not be subject to an extension.

25.58.040 Planning Commission Hearing and Recommendation (A) Hearing. Following City Council initiation and project processing by the City, the Planning Commission must conduct a duly noticed public hearing. (B) Recommendation to Council. Following the public hearing, the Planning Commission must make a written recommendation on the adoption or amendment of the General Plan or any Element thereof based on the findings listed below. A recommendation for approval must be made by a resolution carried by an affirmative vote of not less than a majority of the Planning Commission membership in accordance with California Government Code Section 65354. The Director must promptly transmit to the City Council the Planning Commission’s written recommendation, together with any maps, charts, studies, or other materials, including any required environmental analysis. (C) Required Findings. The Planning Commission must make all of the following findings in its recommendation to the City Council:
(1) The amendment is consistent with the guiding principles and goals of the General Plan.
(2) The amendment is deemed to be in the public interest.

21.08 (Subdivisions) in Title 21 (Plats and Subdivisions) is hereby amended as follows (additions shown in underline and deletion shown in strikethrough):

Section 21.08.030 (Lot Line Adjustments exempted.)
(A) In accordance with Section 66412(d) of the California Government Code, a lot line adjustment between two or more existing building sites, or between parcels of land contained within an existing building site, where the land taken from one building site is added to an adjacent building site, or where interior parcel lines are eliminated for the purpose of consolidation, and where a greater number of parcels than originally existed is not thereby created, is exempt from this Chapter, provided the lot line adjustment is approved by the City Council of the City of Laguna Beach and observes the following requirements:
(1) The project site described in the proposal consists of legal building sites as defined in Title 25 (Zoning) of this code;
(2) The proposal does not create one or more building site(s); (3) Any land taken from one site will be added to an adjacent site and no additional sites will result from the lot line adjustment; (4) The project complies with the requirements of the California Environmental Quality Act;
(5) The proposal is consistent with the general plan;
(6) The parcels proposed to be adjusted by the lot line adjustment comply with all applicable zoning regulations or, in the case of existing, legal nonconforming lots, do not significantly or adversely increase the extent of such nonconformity;
(7) The lot line adjustment, in and of itself, will not result in the need for additional improvements and/or facilities;
(8) The proposal does not include any lots or parcels created illegally; (9) The project does not impair any existing access, create a need for new access, impair any existing easements or create a need for any new easements serving any adjacent lots or parcels.
(B) Application. Lot line adjustment applications shall be filed by the legal owner(s) on a form prescribed by the Director of Community Development and submitted with a fee as established by resolution of the City Council. Since the forms, if 136 of 399
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approved, must be filed for record with the Orange County recorder they shall be drawn in a clear, legible, and professional manner using conventional surveying or civil engineering techniques. An acceptable current title report, excerpt or lot book report that verifies the legal ownership of the parcels under consideration shall be submitted.
(C) Approval Authority. All lot line adjustments are considered development and therefore require a Coastal Development Permit in the Coastal Zone. Other permits may also be required.
(1) An application for a lot line adjustment shall be reviewed in conjunction with whatever other permits are required for the project in the underlying zone; the approval authority for the lot line adjustment shall be the same as the approval authority for the permits required by the underlying zone or other City rule or policy.
(2) In the case where the project only requires a lot line adjustment and a coastal development permit, the project applications may be approved or denied by the Director of Community Development. The Department of Community Development shall set a public hearing date before the Director of Community Development or designee and noticing shall be provided in accordance with the requirements of Section 25.05.065 and Section

SECTION 45. Code Amendment. Section 22.10.010 (Permits required) of Chapter 22.10 (Permit Required) of Title 22 (Excavating, Grading, and Filling) is hereby amended to add subsection (e)(6) to read as follows:
(e) Exceptions. A grading permit shall not be required for any of the following conditions, but in all other respects the provisions of this title shall apply:
. . .
(6) Backfill for a swimming pool if authorized by a valid building permit. 137 of 399
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SECTION 46. Severability. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council of the City of Laguna Beach hereby declares that it would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

SECTION 47. CEQA. This Ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines Section 15301 because it consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. Here, the recommended action meets the exemption because the City is amending its code to improve procedural efficiencies and to comply with state law. The City is not authorizing new uses that are not already established within the City through this ordinance. Furthermore, under State CEQA Guidelines Section 15265, CEQA does not apply to activities and approvals pursuant to the Coastal Act necessary for the preparation and adoption of a local coastal program because the Coastal Commission’s LCP review and approval procedures have been found to be functionally equivalent to the environmental review process. Therefore, the adoption of the Ordinance amending the City’s local coastal program is statutorily exempt from CEQA. Upon taking the recommended action, City staff will cause to be filed within five calendar days a notice of exemption with the County and State Clearinghouse.
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SECTION 50. Effective Date. This Ordinance shall become effective thirty (30) days following its adoption by the City Council and upon concurrence by the California Coastal Commission.

SECTION 51. Publication. The City Clerk shall certify to the adoption of this Ordinance.

Not later than fifteen (15) days following the passage of this Ordinance, the Ordinance, or a summary thereof, along with the names of the City Council members voting for and against the Ordinance, shall be published in a newspaper of general circulation in the City.

ADOPTED this _____ day of ____________, 2026.

Mark Orgill, Mayor
Ann Marie McKay, City Clerk
APPROVED AS TO FORM:
____________
Megan Garibaldi, City Attorney
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I, Ann Marie McKay, City Clerk of the City of Laguna Beach, do hereby certify that the foregoing Ordinance No. XXXX was introduced at a regular meeting of the City Council on _______________, 2026, and was finally adopted at a regular meeting of the City Council of said City held on _______________, 2026, by the following vote:

AYES: COUNCILMEMBER(S):

NOES: COUNCILMEMBER(S):

ABSTAIN: COUNCILMEMBER(S):

ABSENT: COUNCILMEMBER(S):

City Clerk, City of Laguna Beach, CA
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Laguna Beach City CouncilMay 12, 2026

Laguna Beach City Council
May 12, 2026